AMWU, CEPU AND SIMPLOT AUSTRALIA PTY LIMITED EMPLOYEE NATIONAL COLLECTIVE AGREEMENT 2018 - 2021
Table of Contents
1. TITLE ...... 4 2. DATE AND PERIOD OF OPERATION ...... 4 3. NO EXTRA CLAIMS ...... 4 4. DEFINITIONS AND INTERPRETATION ...... 4 5. SCOPE OF THE AGREEMENT AND PARTIES COVERED ...... 5 6. RELATIONSHIP TO AWARDS ...... 6 7. AIMS AND OBJECTIVES OF THE AGREEMENT ...... 7 8. SITE-SPECIFIC PROVISIONS ...... 8 9. NATIONAL EMPLOYMENT STANDARDS AND NATIONAL SIMPLOT STANDARDS OF EMPLOYMENT ... 8 10. WAGE AND ALLOWANCE INCREASES ...... 8 11. WORKPLACE FLEXIBILITY ...... 9 12. INTRODUCTION OF CHANGE ...... 11 13. CONSULTATIVE BODIES ...... 12 14. CONTRACT OF EMPLOYMENT ...... 13 15. CONTRACTORS AND LABOUR HIRE COMPANIES...... 19 16. REDUNDANCY ...... 20 17. CLASSIFICATION STRUCTURE ...... 25 18. TRAINING ...... 25 19. WAGES ...... 25 20. ALLOWANCES ...... 26 21. INCOME PROTECTION ...... 27 22. SUPERANNUATION ...... 27 23. SALARY SACRIFICE ...... 27 24. HOURS OF WORK ...... 28 25. OVERTIME ...... 30 26. ANNUAL LEAVE ...... 31 27. LONG SERVICE LEAVE ...... 32 28. PERSONAL/CARER’S LEAVE ...... 32 29. 52 WEEKS’ MAKE-UP PAY ...... 33 30. PARENTAL LEAVE ...... 33 31. COMPASSIONATE/BEREAVEMENT LEAVE ...... 34 32. JURY DUTY ...... 34 33. BLOOD DONOR’S LEAVE ...... 35 34. PUBLIC HOLIDAYS ...... 35 35. TRADE UNION TRAINING LEAVE...... 38 36. UNION DELEGATES ...... 38 37. RIGHT OF ENTRY ...... 39 38. TIME BOOK INSPECTION ...... 39 39. FIRST AID ATTENDANT ...... 40 40. FREE TEA, COFFEE, HOT CHOCOLATE, MILK AND SUGAR ...... 40 41. SEATING ACCOMMODATION ...... 40 42. CLOTHING AND SAFETY EQUIPMENT ...... 40 43. INTERNAL VACANCIES ...... 41 44. DISPUTE RESOLUTION ...... 41
APPENDIX 1: BATHURST SITE-SPECIFIC PROVISIONS ...... 43 APPENDIX 2: DEVONPORT SITE-SPECIFIC PROVISIONS ...... 48
APPENDIX 3: KELSO SITE SPECIFIC PROVISIONS ...... 50 APPENDIX 4: ULVERSTONE SITE-SPECIFIC PROVISIONS ...... 59 APPENDIX 5: HARVESTERS SITE SPECIFIC PROVISIONS ...... 68 APPENDIX 6: SITE WAGES AND ALLOWANCES ...... 69 APPENDIX 7: OPERATIONS TRAINING FRAMEWORK ...... 78 APPENDIX 8: MAINTENANCE AND ENGINEERING CONTRACTOR AND LABOUR HIRE ARRANGEMENTS .. 121 APPENDIX 9: FITNESS FOR WORK DRUG AND ALCOHOL POLICY ...... 125 APPENDIX A: FITNESS FOR WORK – OBSERVATION RECORD ...... 137
1. TITLE
This Agreement will be known as the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2018 - 2021.
2. DATE AND PERIOD OF OPERATION
This Agreement commences 7 days after its approval by the Fair Work Commission and it will continue in force until varied, terminated, or replaced through the collective bargaining process. The nominal expiry date is 30 June 2021.
3. NO EXTRA CLAIMS
The parties covered by this Agreement will not pursue any additional claims for the term of this Agreement, which has a nominal expiry date of 30 June 2021.
4. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the contrary intention appears:
Act means Fair Work Act 2009 (Cth.) as amended and the Fair Work Regulations 2009 (Cth.) as amended.
Agreement means the AMWU, CEPU and Simplot Australia Pty Limited Employee National Collective Agreement 2018-2021.
Awards or relevant Awards mean the Food, Beverage and Tobacco Manufacturing Award 2010 and the Manufacturing and Associated Industries and Occupations Award 2010.
Company means Simplot Australia Pty Limited.
Food employee (or comparable words) means an employee covered by the Food, Beverage and Tobacco Manufacturing Award 2010 or an employee involved in harvesting of fruits and vegetables at the East Devonport site, who is not engaged in work covered by the Manufacturing and Associated Industries and Occupations Award 2010.
FWC means the Fair Work Commission or successor.
Maintenance and engineering employee (or comparable words) means an employee who is covered by the Manufacturing and Associated Industries and Occupations Award 2010.
NES means the National Employment Standards as contained in Sections 59 to 131 of the Fair Work Act 2009 (Cth.). ______Page 4
Season means the period from which a seasonally grown item is made available to a processing plant to the end of such item being available to it and includes a lead period where required by the Company for the purpose of training employees for the processing of such seasonally grown items.
Seasonal work (or comparable words) means work directly associated with or forming part of the preparation and/or the initial continuous processing of seasonally grown items, but does not include:
a) work in relation to non-seasonally grown items at a plant where seasonally grown items are prepared or processed; or b) work on products stored by whatever method and not processed in conjunction with the harvesting period except for apples, pears and beetroot.
Site(s) mean any of the Company’s premises listed in Clause 5.1.
Union(s) means any of the following:
a) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); and the b) Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division).
5. SCOPE OF THE AGREEMENT AND PARTIES COVERED
5.1 This Agreement shall apply at the premises of the Company listed below:
New South Wales Tasmania Processing Plants Processing Plants Bathurst Devonport Kelso Ulverstone Simplot Harvester – Operations East Devonport
5.2 This Agreement covers:
a) The Company;
b) The Union(s) as defined in Clause 4 – Definitions and Interpretation provided that they notify the FWC of their intention to be covered by this Agreement in accordance with Section 183 of the Act; and
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c) The employees of the Company who are engaged to perform work in the classifications set out in Clause 17, Classification Structure, and Appendix 7, Operations Training Framework, of this Agreement at the sites specified in sub-Clause 5.1.
6. RELATIONSHIP TO AWARDS
6.1 The Food, Beverage and Tobacco Manufacturing Award 2010 and the Manufacturing and Associated Industries and Occupations Award 2010 are incorporated in this Agreement with the exception of the following clauses:
a) Food, Beverage and Tobacco Manufacturing Award 2010
i. Clause 7 – Award flexibility; ii. Clause 8 – Facilitative provisions; iii. Clause 13.4 – Casual conversion to full-time or part-time employment; iv. Clause 19 – Redundancy; v. Clause 21 – Apprentice minimum wages; vi. Clause 22 – Adult Apprentice minimum wages; vii. Clause 24 – Unapprenticed junior minimum wages; viii. Clause 27 – Extra rates not cumulative; ix. Clause 29.4 – Superannuation fund; x. Clauses 30.1 to 30.5; xi. Clause 31 – Special provisions for shift workers; and xii. Clauses 33.1, 33.6, 33.7, 33.8, 33.9 and 33.10. b) Manufacturing and Associated Industries and Occupations Award 2010 i. Clause 7 – Award flexibility; ii. Clause 8 – Facilitative provisions; iii. Clause 23 – Redundancy; iv. Clause 29 – Unapprenticed junior minimum wages; and v. Clause 35.4 – Superannuation fund. 6.2 To the extent that there is any inconsistency between this Agreement and the Awards, then the provisions of this Agreement must apply. Where this Agreement is silent, then the relevant Award must apply. Where this Agreement is silent and the relevant Awards differ on conditions, the relevant parties covered by this Agreement will resolve the issues in accordance with the provisions of this Agreement, including the dispute resolution provisions at Clause 45, Dispute Resolution.
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6.3 The Company will maintain existing over award payments and conditions of employment as if they were a term of this Agreement, except where expressly stipulated terms of this Agreement provide otherwise.
6.4 The company will continue to pay shift loadings and weekend penalty rates as paid at the time of the approval of this agreement, despite any changes to the incorporated awards. For the avoidance of doubt, changes to the shift loading or weekend penalty rates in the incorporated award shall not have effect.
7. AIMS AND OBJECTIVES OF THE AGREEMENT
7.1 The Company and the Unions recognise that this Agreement represents an opportunity to make Simplot Australia Pty Limited the best manufacturer and marketer of high quality branded commodity vegetables and composite food products providing convenience and ease of preparation for consumers, and a variable, productive and enduring enterprise offering secure employment and worthwhile careers for its employees.
7.2 The objectives of this Agreement are to:
a) improve the efficiency and productivity of the enterprise by ensuring that management and labour practices are more closely attuned to the current and future needs and objectives of the enterprise;
b) facilitate a climate which provides support for individuals to ensure their existing skills and develop a broader range of skills thereby providing prospects for higher rewards;
c) create a quality environment which is conducive to flexible work organisation well placed to meet changing markets and manufacturing technology;
d) ensure that the Company becomes a world competitive manufacturing enterprise, processing consistently high quality value-added products which meet market requirements at all times; and
e) develop a stable and safe working environment within which all employees are committed to participating in an ongoing change process.
7.3 The Company and the Unions acknowledge that an essential factor in achieving these objectives is the development and maintenance of harmonious productive working relationships between all employees, management and the Company. The parties agree that the achievement of such working relations and commitments require:
a) that employees be involved in making decisions which will affect them; ______Page 7
b) the willingness of employees to accept total flexibility of jobs and duties across the Company subject to individual skills or abilities to perform particular tasks, to eliminate demarcation problems;
c) that employees benefit from the success of their efforts; and
d) that employees shall have the opportunity to achieve their full potential within the context of the enterprise.
8. SITE-SPECIFIC PROVISIONS
8.1 The parties covered by this Agreement agree that site-specific provisions contained in Appendices 1 to 5 of this Agreement shall override a provision of any Awards, or other terms of the body of this Agreement, only to the extent of any inconsistency.
9. NATIONAL EMPLOYMENT STANDARDS AND NATIONAL SIMPLOT STANDARDS OF EMPLOYMENT
9.1 The terms of this Agreement apply in a manner that does not exclude the National Employment Standards (NES). That is, no provision of the NES is displaced by this Agreement, but the NES provisions may be supplemented by the terms of this Agreement. The NES will continue to apply to the extent that any term of this Agreement is detrimental in any aspect when compared with the NES.
9.2 This Agreement shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings or in national Simplot standards of employment.
10. WAGE AND ALLOWANCE INCREASES
10.1 Wage Increases This Agreement provides for the following increases to ordinary base rates of pay during the life of this Agreement:
a. An initial back pay for existing employees (“the back pay”). The details of this payment and method of calculation are set out in Appendix 6, Site Wages and Allowances of this Agreement. The 2.0% increase will be applied to the ordinary base rate of pay of an employee at the approval date of this agreement. The resulting rate will be the rate upon which the increase in clause 10.1(b) of this agreement compounds (starting rate). b. 2.5% from the first pay period to commence on or after 1 July 2018. This increase will be applied to the starting rate (first year rate) ;
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c. 2.5% from the first pay period to commence on or after 1 July 2019 calculated on the first year rate (second year rate) ; and d. 2.75% from the first pay period to commence on or after 1 July 2020, calculated on the second year rate (third year rate).
Wage rates will be in accordance with the rates contained in Appendix 6.
10.2 Allowance increases Allowances will continue to be increased in accordance with modern award variations, minimum wage increases or the appropriate mechanism that is in place.
In the absence of such mechanism, it is agreed that the CPI figure for the March quarter preceding the 1st of July increase each year shall be used to vary the applicable allowances. Allowances will not be varied by this method to the point that they exceed the annual Agreement wage increase for that 12 month period.
Should a mechanism be introduced during the life of this Agreement, this mechanism will prevail and any increases will be off-set against the CPI adjusted figure.
11. WORKPLACE FLEXIBILITY 11.1 The terms of this Clause will apply in relation to the implementation of the facilitative provisions contained in this Agreement and the implementation of workplace flexibility arrangements for employees covered by this Agreement. Clause 11.4 is the ‘Flexibility Term’ applicable to the employees covered by this Agreement for the purpose of s.202 of the Act.
11.2 Changes to work hours or work arrangements for Award covered employees covered by this Agreement, other than those changes outlined in Clause 24, Hours of Work, and Appendices 1 to 5, may be made by the Company following consultation and agreement with the majority of impacted employees in accordance with Clause 12, Introduction of Change, of this Agreement provided that such agreement shall not be unreasonably withheld.
11.3 The following terms apply in relation to such changes to work hours or arrangements:
a) Such changes may include, but are not limited to, changes to:
i. Ordinary time shifts of work that have a duration of more than eight hours;
ii. The spread of hours outlined in Clause 24, Hours of Work, and in the Appendices 1 to 5; and
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iii. For employees covered by the Manufacturing and Associated Industries and Occupations Award 2010, shifts of work that cover more than a five-day Monday to Friday period and may include either Saturday or Sunday or both.
b) The relevant Union(s) will be fully consulted in the process of developing and considering any proposals for hours of work changes in accordance with the terms of this clause. Union(s) will be able to consult with members in relation to such proposals.
11.4 Individual Flexibility Arrangement a) Notwithstanding the terms of Clause 11.1, the effect of the term(s) in Clause 11.4(f) of this Agreement may be varied by an individual flexibility arrangement that is genuinely agreed by the Company and an employee.
b) The Company must ensure that any individual flexibility arrangement entered into under this term will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement was made.
c) The Company must ensure that any individual flexibility arrangement made under this term: i. must be in writing and signed by the Company and the employee, and if the employee is under 18, by a parent or guardian of the employee; ii. can be terminated by either party by giving written notice of not more than 28 days; iii. can be terminated at any time by the parties to the arrangement if they agree; and iv. is given in a written copy to the employee making the arrangement within 14 days after it is made. d) Except for the requirement for employees under 18 in Clause 11.4(c)(i), the Company must ensure that any individual flexibility arrangement made by the Company and an employee under this term does not require the approval or consent of another person.
e) Where the Company intends to reach any individual flexibility arrangement under this Agreement, the Company must inform in writing, any union(s) covered by this agreement of the Company’s intent to enter such an arrangement at least seven days prior to entering the arrangement. When informing the union(s) under this sub clause, the Company must: i. include the details of the term(s) of the agreement and/or relevant Award(s), and which classification of employees are proposed to be subject to such an arrangement; and ii. not disclose the name of any employee who the Company proposes to be subject to the individual flexibility arrangement, without the consent of that employee.
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To avoid doubt, informing the union(s) under this sub clause does not mean that those union(s) must approve or consent to the individual flexibility arrangement.
f) The terms that may be subject to an individual flexibility arrangement are:
i. the self-relieving in teams to cover short absences wherever operationally possible; ii. the rostered hours and days of work by part-time employees; iii. paid annual leave in advance of accrued entitlement; and iv. for employees covered by the Manufacturing and Associated Industries and Occupations Award 2010 the Company and an employee may agree to an employee taking annual leave in more than four separate periods including up to a maximum of 10 single days.
12. INTRODUCTION OF CHANGE
12.1 Consultation regarding major workplace change (a) Employer to notify (i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any. (ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change (i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in Clause 12.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes. (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in Clause 12.1(a).
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(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that no employer is required to disclose confidential information, the disclosure of which would be contrary to the employer’s interests.
12.2 Consultation about changes to rosters or hours of work (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change. (b) The employer must: (i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence); (ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives. (c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours. (d) These provisions are to be read in conjunction with other Agreement provisions concerning the scheduling of work and notice requirements.
13. CONSULTATIVE BODIES
13.1 Delegates Committee
a) A Delegates Committee has been established on each site consisting of all delegates duly authorised by the relevant Unions. The format and frequency of meetings will be agreed between site management and site delegates. b) Meetings of the Delegates Committee will be in two parts with the second part of the meeting attended by management representatives.
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c) The union delegates in the enterprise will have adequate time to meet and consult with members. Final decisions to implement any major changes will only be taken after Clause 12 – Introduction of Change has been satisfied. d) The Company will pay special attention to the training of its local management to ensure that it: i. is familiar with the Agreement; ii. handles change sensitively; and iii. is familiar with international best practice in industrial relations, consultation, skilling, work redesign and management techniques. e) The above processes and the commitment of management and the Unions will ensure that decisions for significant change will be made with the full understanding and commitment of the workforce.
13.2 Employee Development Committee Refer to Appendix 7 for information on the Employee Development Committee.
14. CONTRACT OF EMPLOYMENT 14.1 Weekly Full-time Employment a) Subject to the successful completion of a one-month induction and familiarisation period, weekly full-time employees will be engaged directly by the Company in accordance with this Agreement and the relevant Awards on a full-time basis. No weekly full-time employee shall be transferred to part-time, seasonal, short-term, short-term seasonal or casual employment, except by agreement. The terms of employment focus on the long-term security of employment for the employee. Unless otherwise provided in this Agreement, notice of termination provisions are provided for in the relevant Awards.
b) Where the Company terminates a weekly employee’s employment during the first week of engagement and such termination is for reason other than for serious misconduct, the employee must be paid casual rates for all work done by the employee.
14.2 Part-time Employment a) Subject to the successful completion of a one-month induction and familiarisation period, part-time employees will be engaged directly by the Company in accordance with this Agreement and the relevant Awards on a part-time basis subject to all entitlements and conditions applicable to weekly employment, with payment to be on a pro rata basis of weekly employee entitlements. Provided that there shall be a minimum of four hours’ work on any day and 12 hours per week. The maximum
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number of hours and days for part time employees shall be determined on a site by site basis by the ‘Flexible Employment Committee” at that site. b) Provided further that part-time employees shall be rostered to work regular hours on regular days in accordance with the relevant Award provisions for weekly employees. Such rosters shall be established with the agreement of the employees concerned. Changes to the roster shall only be made after consultation with and the agreement of the employees concerned and shall require one week’s notice in advance of the first changed hours or days. c) Unless otherwise provided in this Agreement, notice of termination provisions for part-time employees are provided for in the relevant Awards. Where the Company terminates a part-time employee’s employment during the first week of engagement and such termination is for a reason other than serious misconduct, the employee must be paid casual rates for all work done by the employee.
14.3 Casual Employment
a) Casual employees will be directly employed by the Company in accordance with the provisions of this Agreement and the relevant Awards to meet the requirements of the site. When employed, casuals will be paid a loading of 25% above the base rate instead of paid leave and public holiday payments and to compensate for the nature of casual employment. b) The company’s objective is to minimise its use of casual employees where possible. The company’s objective is also to ensure permanent full time employees are engaged as much as practically possible given the seasonal nature of the business. To that end, casuals shall not comprise more than 20% of the total number of rostered permanent daily workforce employees per site covered by this Agreement or a higher amount based on seasonality, maintenance projects and shuts and demand fluctuations outside of ordinary rostered hours. The engagement of seasonal based employment shall be based on the definition of ‘Season’ in clause 4 of this agreement. Thereafter, any additional engagement of casuals may be undertaken where agreement is or has been reached with the relevant Union provided that such agreement shall not be unreasonably withheld. Any dispute that may arise with respect to the additional engagement of casuals shall be dealt with in accordance with Clause 45 – Dispute Resolution. c) For the purposes of clause 14.3(b), “rostered permanent daily workforce” means those permanent employees rostered to work on any particular day in the roster cycle. “Ordinary rostered hours” refer to the ordinary hours of work of an employee as defined in this agreement, for which they are rostered.
______Page 14 d) The Company shall report annually to the parties on the level of compliance with the terms of this clause which shall include accurate numbers of permanent and casual rostered employees. e) During the term of this agreement the parties agree to develop a flexible employment model to address seasonality and demand fluctuations. To that end, a “Flexible Employment Committee” (“FEC”) will be formed at each site, composing of an equal number of Simplot leadership representatives and site employees representative of the site’s workforce. The FEC shall compose of a minimum of 4 persons composed of 2 employee representatives (including a union representative) and 2 employer representatives. A schedule of meetings shall be set down suited to the site. If agreement on a flexible employment model is not reached within 24 months of date of approval of this agreement, either party may seek the assistance of the FWC to resolve the matter.
f) Casual conversion – Food Employees i. A casual employee, other than an irregular casual employee, who has been engaged by the Company for a sequence of periods of employment under this Agreement during a period of six months, shall thereafter have the right to elect to have their employment converted to full- time or part-time employment if the employment is to continue beyond the conversion process. ii. The Company shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. The employee retains their right of election under this clause if the employee fails to comply with this paragraph. Any such casual employee who does not, within four weeks of receiving written notice, elect to convert their employment to full-time or part-time employment, will be deemed to have elected against any such conversion. iii. Any casual employee who has a right to elect under Clause 14.3(e)(i), on receiving notice under Clause 14.3(c)(ii) or after the expiry of the time for giving such notice may give four weeks’ notice in writing to the Company that they seek to elect to convert their Contract of Employment to full-time or part-time employment. Within four weeks of receiving such notice the Company shall consent to or refuse the election, but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a Contract of Employment shall be dealt with in accordance with Clause 45 – Dispute Resolution. iv. Where in accordance with Clause 14.3(c)(iii) the Company refuses an election to convert, the
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reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement. v. Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with in accordance with Clause 45 – Dispute Resolution. vi. Once a casual has elected to become, and been converted, to a full-time employee or a part- time employee, the employee may only revert to casual employment by written agreement with the Company. vii. If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with Clause 14.3(c)(iii), the Company and employee in accordance with this paragraph and Clause 14.3(c)(iii), shall discuss and agree upon: which form of employment the employee will convert to, that is, full-time or part- time; and if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked out will be agreed in accordance with Clause 14.2(c). Provided that the employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the Company and employee.
Following such agreement being reached, the employee shall convert to full-time or part-time employment.
viii. An employee must not be engaged and re-engaged to avoid any obligation under this clause. ix. An irregular casual employee for the purposes of Clause 14.3(c)(i) is one who has been engaged to perform work on an occasional or non-systematic basis or irregular basis. g) Casual conversion – Other Employees
i. Casual conversion will be in accordance with the relevant Award.
ii. Casual employees shall work by the hour and paid as such. Casual employees are engaged on the basis that employment may be terminated by one hour’s notice on either side given at any time or forfeiture, as the case may be, of one hour’s ordinary
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pay at the casual rate then applying. iii. On each occasion a casual employee is required to attend work, the casual employee is entitled to payment for a minimum of four hours’ work.
14.4 Short term Employment Contracts
Whilst Simplot is committed to a full-time workforce who are trained to do their jobs in a safe and productive manner, there is a necessity to engage additional employees on a short-term basis from time to time.
The introduction of short term employment should only occur after consultation through the site Delegates Committee. Where possible this will be at least two months beforehand, during which time the parties shall endeavour to resolve any concerns raised.
As far as practicable the parties should proceed to introduce short-term labour by agreement.
It is intended that in order to ensure the principle of commitment to a full-time workforce is observed, short term employment contracts may be utilised in the following circumstances and manner: a) Short term seasonal employment
Short term seasonal employment will be utilised for work directly associated with the processing of seasonally available products.
The terms of the short term seasonal engagement shall be:
i. For no more than eight months and no less than eight weeks. ii. Employees engaged on short term seasonal contracts will be directly employed by Simplot. iii. For employees engaged on short-term seasonal contracts in accordance with clause 14.4(a)(i) above, the company may stand down the employee without pay after giving two days’ notice where no work can be offered through any cause for which the company cannot reasonably be held responsible, such as shortage in supply of the seasonal product. iv. Short-term seasonal employment contracts will only be extended by mutual agreement between the employee and the Company. v. Short-term seasonal employees who continue with Simplot under different contracts of employment will have their short-term seasonal employment counted for the purpose of casual conversion. b) Short term (non-seasonal employment) Short term employment will be utilised for the following:
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i. Short term absences due to workers compensation, income protection, extended periods of annual leave, long service leave, extended periods of personal/sick leave, parental leave, or extended periods of unpaid leave. ii. Where there is a short term increase in production requirements i.e. operation of an additional production line or shift. iii. For the purposes of replacing an employee, who is seconded onto a specific project or assignment. The terms of the short term engagement shall be:
i. For no more than 11 months and no less than eight weeks. ii. Employees engaged on short term contracts will be directly employed by the Company. iii. Short term employment contracts will only be extended by mutual agreement between the employee and the Company. iv. If an absence continues beyond 11 months, the parties will consult around the option of extending the short term contract beyond the 11 month period. Proper notice periods in accordance with this Agreement and the parent awards must apply. c) At the time of engagement, short term and short term seasonal employees shall be notified in writing of the reason for the engagement and the start date and the finish date of the employment. d) Short-term and short-term seasonal employees shall be entitled to pro rata weekly employment entitlements including pro rata annual leave together with annual leave loading. Personal/Carer’s leave will be in accordance with the Agreement and will be allocated on a pro rata basis on commencement of the short term or short term seasonal contract. Any unused Personal/Carer’s leave will be paid out on termination. e) Short term employment positions will only be available to those employees who have indicated that they are prepared and available to work under the appropriate terms and conditions which apply to the work to be performed for the defined period. f) Short term and short term seasonal employment shall not be used to engage and re-engage on a continuing basis employees who could otherwise be provided with permanent employment. g) Any disputes over the application of this clause will be addressed in accordance with Clause 45 - Dispute Resolution.
14.5 Maintenance and Engineering Apprentices
a) The parties covered by this Agreement are committed to the provision of apprenticeships wherever possible based on site by site requirements. Where requested, such requirements must be reviewed
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annually through the Delegates Committee. Where there is significant change proposed to apprenticeships nationally, the Company must contact the relevant union to discuss what options, if any are available. b) Maintenance and engineering apprentices will be paid the appropriate wages and allowances as contained in Appendix 6. To avoid doubt, apprentice wages contained in this Agreement or in the relevant award shall not apply to Food employees.
14.6 Juniors To avoid doubt, junior wages contained in the relevant award(s) shall not apply to Simplot employees.
15. CONTRACTORS AND LABOUR HIRE COMPANIES 15.1 The parties covered by this Agreement are committed to a permanent weekly workforce consisting of full-time and part-time employees. While the Company wherever possible in accordance with the commitment of all parties, agrees to maximise permanent employment, the parties acknowledge that from time to time the Company may need to engage:
a) employees on a short term, seasonal, or casual basis to meet operational requirements; and b) contractors and labour hire companies in accordance with this clause and Appendix 8, Maintenance and Engineering Contractor and Labour Hire Arrangements, for maintenance and engineering employees.
Provided that nothing in this Agreement is intended to prohibit the engagement of contractors or labour hire companies.
15.2 The current workforce, that is the workforce consisting of directly employed maintenance and food production employees, will not be outsourced to a labour hire company during the life of the Agreement.
15.3 The Company shall directly employ all full-time, part-time, short-term, or seasonal or casual employees except in the circumstances provided for in this clause and Appendix 8 for maintenance and engineering employees.
15.4 Where requested ,a review process for non-permanent labour including contractor and labour hire arrangements must take place annually in all sites through the site Delegates Committee at a date to be determined at each site. Any disputes arising from the review process will be addressed in accordance with the dispute resolution process contained in this Agreement.
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15.5 From time to time the Company may require the use of casual labour employed through a labour hire company/companies to meet production requirements. The Company may engage such employees in the following circumstances:
a) absenteeism, irregular work requirements or production peaks (not including seasonal sustained peaks) or special projects;
b) where Simplot employees do not have the required skills and qualification to perform the required work;
c) Employees of labour hire companies shall receive wages and conditions in accordance with, or that are no less favourable, than this Agreement. Provided that prior to deciding to engage such employees, the Company will consider offering Simplot employees overtime or additional shifts in order to carry out the work.
15.6 The following criteria shall apply to the engagement of labour hire companies in circumstances other than those in Clause 15.5:
a) There must be genuine consultation with the appropriate Union. Where possible this will be at least two months beforehand, during which time the parties shall endeavour to resolve any concerns raised as to the use of labour hire companies. b) As far as is practicable/possible, the parties shall proceed to introduce labour hire companies by agreement with such agreement not to be unreasonably withheld.
c) Employees of labour hire companies shall receive wages and conditions in accordance with, or that are no less favourable, than this Agreement.
15.7 Consultation Consultation requirements in this clause are in addition to the consultation requirements that may apply under any other provision of the Agreement.
15.8 Maintenance and Engineering Employees
Additional contractor and labour hire provisions applying to maintenance and engineering work in the Company’s various sites are found in Appendix 8.
16. REDUNDANCY 16.1 For the purposes of this clause the following definitions apply:
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All-purpose rate of pay refers to the relevant base rate of pay together with any over agreement payments or allowances which normally apply for all purposes as prescribed in this Agreement. This specifically excludes shift penalties and allowances which are not paid for all purposes.
Ordinary rate of pay refers to the normal wages an employee received in respect of ordinary time worked including normal shift penalties, but excluding amounts in respect of overtime worked, and excluding allowances not paid for all purposes.
Redundancy refers to a declaration by the Company that a permanent award-covered employee’s contract of employment is to be terminated, not on account of any personal act or default of the employee, but because, as a result of Company restructuring, the job of the employee is no longer required to be done, by anyone.
Retrenchment refers to a termination of the contract of employment of a permanent award-covered employee by the Company for reasons of redundancy.
16.2 Expressions of interest in voluntary redundancy
a) The Company will invite expressions of interest in voluntary redundancy from a group as identified by the Company. b) Eligible employees within the group may request a redundancy estimate for the purposes of deciding whether they would like to express their interest in a voluntary redundancy. c) Expressions of interest will only be accepted from eligible employees during a period specified by the Company and may be accepted from the start of consultation. d) The Company will decide in its sole discretion whether and when to accept any or all applications submitted for voluntary redundancy. e) Where there are no or insufficient successful applications for voluntary redundancy the Company will proceed with compulsory redundancies. f) Where there are a greater number of volunteers for voluntary redundancy than the Company requires, the selection of volunteers will be at the discretion of the Company. g) Employees are under no obligation to accept an offer of voluntary redundancy made by the Company and may withdraw an expression of interest at any time prior to accepting an offer.
16.3 Notification
a) Each employee involved shall be provided with a minimum of four weeks’ notice of termination ______Page 21
except as provided for in Clause 16.3(e). b) Should, for any reason, the required period of notice not be provided to an employee by the Company, payment instead of notice will be made by the Company to the employee to the extent that the notice period is not provided. c) An employee may elect not to serve out all or any of the four weeks of the required notice period, in which case payment instead of notice will not be made to the extent of the period of notice not served. d) In cases where payment instead of notice is to be made, such payment will be based on the employee’s ordinary rate of pay as defined in Clause 16.1, inclusive of shift penalties and all-purpose allowances. e) Where there is to be a total plant closure in a regional area, each employee shall be provided with a minimum of 12 weeks’ notice. This notice period may be worked, paid out instead of the Company giving the required amount of notice or a combination of both as determined by the Company.
16.4 Redundancy Payments and Conditions
a) Employees who commenced permanent employment with the Company prior to 1 December 2014 will receive:
i. a severance payment of four weeks; and ii. a service payment of four weeks for each completed 12 months service or pro rata part thereof. b) Any casual employee employed by the Company prior to 1 December 2014 who becomes a permanent employee on or after 1 December 2014 will receive the payments in sub clause 16.4(a). For the purposes of calculating service, prior service as a casual that is recognized by the Company for redundancy purposes will be included. c) Employees who commenced employment with the Company on or after 1 December 2014 will receive the payments in 16.4(a) up to a maximum of 52 weeks’ pay. d) Severance and service payments will be based on the employee’s “all purpose rate” as defined in Clause 16.1, exclusive of shift allowances.
16.5 Persons Engaged on a Non-Permanent Basis Where employees are terminated and are not re-employed within a two-month period and who are covered by the following criteria, the provisions of Clause 16.3(a) will apply with effect from March 1, 2000, and Clause 16.3(b) for non-permanent employees who commence on or after 1 December 2014.
a) Where in a 12-month period, a non-permanent employee has completed more than 10 months
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continuous service, the employee will be deemed for the purpose of redundancy to have pro rata redundancy entitlements equivalent to a permanent employee. b) Only time worked shall be counted when calculating service. The method of calculation would be to determine those employees who were employed for more than 10 months continuously in a 12- month period. Their employment history will be traced back to the most recent break of two months or more. That will be determined to be the time at which the continuity of employment was broken.
16.6 Pro rata Long Service Leave Pro rata long service leave payments will apply to employees with one year or more service, based on completed months of service and must paid at the employee’s “ordinary rate of pay” as defined in Clause 16.1.
16.7 Annual Leave and Annual Leave Loading All annual leave entitlements will be paid out based either on the employee’s ordinary rate of pay, or all- purpose rate of pay together with annual leave loading of 17.5%, whichever is greater. In situations where annual leave loading had been paid out in advance, no further entitlements to leave loading shall exist.
16.8 Personal/Carer’s Leave The Company shall pay out all accumulated Personal/Carer’s leave benefits in accordance with Clause 28, Personal/Carers’ Leave, of this Agreement.
16.9 Transfers and Reclassification a) Where an alternative position exists within the Company at its remaining premises within the employee’s normal field of work and either offering similar conditions of employment or offering materially different conditions of employment, in appropriate circumstances an employee may be offered to transfer to that position. b) Where an employee elects to transfer into the alternative position, the option of retrenchment will remain open for a period of three months from the date of election, provided that the Company will be deemed to have met all commitments in respect of notification under Clause 16.3. c) Should an employee accept a transfer into a position offering a reduced all-purpose rate of pay, a period of three months will be provided in which the employee’s wage will be adjusted to the level of the new position. Adjustment will take the form of roughly equivalent wage reductions in each
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of the three months involved. d) Employees who transfer onto a different shift cycle will be paid in accordance with the new shift roster upon commencement.
16.10 Technology Change Any employee who cannot adjust to a new work situation arising from the introduction of new technology or a requirement for new skills shall be able to access the redundancy package if they so nominate within three months of commencing the duties of the new job.
16.11 Alternative Employment and Other Support a) The Company will provide an employee with a maximum of one paid day off from work per week from the date of the notice period of their redundancy until the contract of employment is terminated, for the purpose of attending interviews or other legitimate job search activities. Employees shall provide Management at each relevant Company sites with reasonable advance notice of an intention to access this benefit. Management shall not refuse access to this benefit unreasonably. b) In addition, the Company will provide all reasonable advice, guidance and assistance to employees facing retrenchment to ensure they are able to maximise opportunities available to them. Such assistance will include: i. Notification of impending retrenchments to the local Centrelink. ii. General financial counselling via a registered financial/investment consultant, provided that any individual counselling is obtained privately by each employee at their own cost. iii. Guidelines relating to job interviewing, preparation of resumes and job search techniques. c) A Certificate of Service will be provided to each employee on the day of the termination stating the employee’s length of service, most recent position with the Company and reason for their termination.
16.12 Access to Special Training for Employees
The Company will work together with the Unions to identify appropriate providers of additional training and skills development who may be able to assist employees.
16.13 Payments Practices
a) 48 hours prior to the final day of employment, redundant employees will receive an itemised statement of termination, severance and service payments made in accordance with this Agreement. ______Page 24
b) With the exception of superannuation payments, redundant employees will receive all termination payments by way of cheque or EFT payment on the employee’s final day of employment.
16.14 Offsetting Based on the acceptance of the arrangements contained in this document, the Company undertakes not to offset any of the redundancy payments received by employees against final superannuation benefits received.
17. CLASSIFICATION STRUCTURE 17.1 The national classification structure is contained in Appendix 7.
17.2 The parties agree that fundamental to the development of this classification structure is a commitment to:
a) developing a more highly skilled and flexible workforce; b) providing employees with career opportunities through appropriate training to acquire additional skills; and c) removing barriers to the utilisation of skills required, particularly demarcation barriers.
17.3 Work will be performed within the classification structure limited only by the following: a) an employee’s competence to perform such work; b) that the work can be performed safely having regard to the individual and the organisation as a whole; c) that the employee has the time to be able to carry out the work.
17.4 To achieve the above stated intent:
a) there will be a process of examining classifications and determining their appropriateness to the proposed new structure; b) where necessary, jobs will be redesigned and where this is to occur, the fundamental principle will be; c) within the limits of accredited training or work experience, as the case may be, all employees will undertake and complete the main task and as much of other tasks which are incidental, peripheral, practical and appropriate to their main task.
18. TRAINING
The Operations Training Framework is appended as Appendix 7.
19. WAGES ______Page 25
19.1 Incorrect payment of wages Any discrepancies or errors in the payment of employees’ wages which are the fault of the Company must be rectified within 24 hours of being notified (excluding weekends and public holidays) unless otherwise agreed. Where the matter has not been rectified within 24 hours (excluding weekends and public holidays), the employee must be paid overtime rates in accordance with Clause 25, Hours of Work, of this Agreement until the payment is made.
19.2 Direct debit facilities a) For the life of this Agreement, employees may nominate to have their wages paid by electronic funds transfer (EFT) into two accounts of their choice. Where employees currently have the option of wages being paid into more than two accounts, such arrangements will continue. b) Existing practices in direct debits will remain at all sites. The Company agrees to facilitate payment by direct debit to any party (such as medical funds etc.) upon the request of a minimum number of 30 employees.
19.3 Union membership fees a) If authorised in writing by an employee covered by this Agreement to do so, the Company will deduct from the employee’s remuneration an amount equal to the union membership fee for the pay period. b) In the case of AMWU membership fees, as soon as practicable after the end of each calendar month, the Company will remit the fees to the AMWU and provide to the AMWU a schedule setting out the amount of the fees paid by each of the workers covered by this Agreement who choose to be members for the relevant calendar month.
20. ALLOWANCES
20.1 Allowances are provided for in the relevant Awards and Appendix 6.
20.2 Meal Allowance – All Employees
a) Where a day work employee is required and does in fact work for more than nine and one half hours on any day, and such hours include more than one and one half hours of overtime, such employee shall either be supplied a meal by the employer consisting of two courses, or be paid an appropriate meal allowance. Provided however, that a further meal allowance of the same amount (or meal provided) shall not be received unless the employee performs an additional four hours’ work after the nine and one half hours as aforesaid.
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b) The provisions of sub-clause 20.2(a) also apply to shift workers, if the employee is required to and does in fact work for more than nine and one half hours on any day or shift, and such hours include more than one and one half hours of overtime, or such employee performs an additional four hours of work after the nine and one half hours aforesaid.
21. INCOME PROTECTION 21.1 An amount of up to 2.2% per year will be paid by the Company on behalf of employees covered by this Agreement to an Income Protection Insurance provider.
21.2 Subject to clause 21.1 of this agreement, income protection coverage will be taken out from an insurer and under a policy endorsed by the majority of employees covered by this Agreement.
22. SUPERANNUATION 22.1 The Company will contribute minimum superannuation contributions on ordinary time earnings in accordance with the Superannuation Guarantee Charge Act 1992 (Cth).
22.2 Such contributions are to be made by the Company into a complying fund nominated by the employee. This choice may be exercised upon engagement and employees can change their choice of fund once per calendar year. Employees who wish to nominate a new superannuation fund will need to notify the Company in writing of their change in fund. The cost of any change from the superannuation funds will be the responsibility of the employee.
22.3 If no fund is nominated within one month of the commencement of employment, the employer contributions will be directed to one of the following funds (the default funds):
a) SunSuper; or b) Australian Super.
22.4 Employees enrolled in the default funds retain the right to change funds in accordance with clause 22.2 above.
23. SALARY SACRIFICE 23.1 An employee may request their rate of pay to be reduced by an amount which they elect in writing to sacrifice each pay period. This will enable the Company to make superannuation contributions equal to this amount for the benefit of the employee to a fund elected from those named in Clause 22.2. This reduction in pay for superannuation purposes will be known as a “salary sacrifice” arrangement. This contribution will be treated as an employer contribution and will be taxed accordingly. ______Page 27
23.2 Employees may change their salary sacrifice arrangements every 3 months. The Company recommends that employees seek independent financial advice before making a decision to make superannuation contributions by salary sacrifice.
23.3 For all payments of annual leave, long service leave and other paid leave, overtime, termination, superannuation and redundancy payments, the pre-salary sacrifice rate of pay shall apply.
24. HOURS OF WORK
In accordance with this Clause, the Company will develop rosters for the deployment of its employees after consulting with its employees and taking into consideration the preference of the individual employees and the needs of the business. This clause must be read with the relevant provisions of Appendices 1 to 5.
Except as otherwise provided for in this Agreement, an employee roster may be altered by mutual consent at any time or by amendment of the roster on five days’ notice.
24.1 Ordinary Hours of Work and Rostering – Food Employees
a) The ordinary hours of work shall be 38 hours per week. b) Except for shift workers, the ordinary hours of work shall be worked in five days of not more than eight hours continuously except for breaks between 6.00 a.m. and 6.00 p.m. on Mondays to Fridays inclusive. c) The daily starting and finishing times for day work shall be fixed by the Company within the spread of hours prescribed by Clause 24.1(b) and shall not be altered except on one week’s notice, or during the season two days’ notice, given to the employee. d) An employee on day work or day shift may be transferred to an afternoon or night shift on at least 48 hours’ notice by the Company. Where an employee is so transferred without at least 48 hours’ notice, the shift or part thereof worked by the employee without that notice shall be deemed part of the employee’s ordinary 38 hours of work and must be paid at time and a half for the first three hours and double time thereafter in addition to relevant shift penalties. e) An employee on afternoon or night shift may be transferred to day work or on another shift on at least 48 hours’ notice by the Company. Where such employee is transferred without at least 48 hours’ notice, the day or part of the day worked by the employee without that notice will be deemed part of the employee’s ordinary 38 hours of work and must be paid at time and a half for the first three hours and double time thereafter in addition to relevant shift penalties. ______Page 28
f) Clauses 24.1(d) and 24.1(e) do not apply where with the consent of the Company, an employee agrees with another employee, independently to exchange a rostered shift to suit the mutual convenience of the employees concerned.
24.2 Special Provisions for Food Shift workers
a) Shift definitions i. The Company may require any employee to perform a week’s work on shift work of five shifts of up to eight hours each. Such shifts shall be between 11.00 p.m. on a Sunday and 8.00 a.m. on the following Saturday. Conditions and entitlements relating to 12-hour shifts are contained in the relevant site-specific Appendices.
ii. Day shift shall not commence before 6.00 a.m. Afternoon shift means any shift finishing at 6.00 p.m. and at or before midnight. Night shift means any shift finishing after midnight and at or before 8.00 a.m. iii. To avoid doubt, shiftwork provisions of the Food, Beverage and Tobacco Manufacturing Award 2010 will not apply to food employees. In addition, an early morning shift will only be implemented on any site by agreement and prior genuine consultation between the parties covered by this Agreement.
b) Shift loading A shift loading of 15% shall be paid for any afternoon shift and 30% for any night shift.
c) Meal breaks for shift workers i. A meal break of 30 minutes shall be allowed to shift workers on all shifts. ii. Where work is currently performed pursuant to a three-shift production arrangement, the time of such meal break will be counted and paid for as time worked. At the time of signing this Agreement, only the Bathurst and Devonport sites had three-shift production arrangements and these current arrangements will continue to apply. iii. Should the Company introduce a three-shift production arrangement at any site within the life of this Agreement, then the meal breaks will be counted and paid for as time worked. Such an arrangement shall not be introduced unless the notification and consultation provisions of Clause 12 – Introduction of Change are satisfied.
24.3 Ordinary Hours and Shiftwork Provisions – All other employees
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Ordinary hours, weekend and shiftwork provisions for all other employees are provided for in the relevant Award. In addition to the Award provisions, Clauses 24.2(c)(ii) and 24.2(c)(iii) also applies to all other shift workers.
24.4 Meal Breaks for Day Work or Day Shift Employees No day work or day shift employees shall work for more than five hours without a break for a meal, such break shall be 30 minutes, except where the employer and the majority of employees covered by this Agreement agree to a break of not more than one hour nor less than 30 minutes. All other provisions relating to meal periods shall be in accordance with the relevant Award.
24.5 Morning and Afternoon Tea Employees shall be allowed morning and afternoon tea at such times and in such manner as shall not interfere with the continuous running of the factory.
24.6 Extended Shift Agreements
24.6.1 Notwithstanding the provisions of Clause 24.1(b) and Clause 24.2(a)(i) the parties may reach agreement, such agreement to not be unreasonably withheld, for the working of up to 12 hour shifts in accordance with Clause 12 Introduction of change and Clause 45 Dispute Resolution, of this Agreement provided that: a) Any such agreement shall comply with and be processed according to the provisions of this Agreement.
24.6.2 The arrangements shall be subject to the following conditions: The employer and employees concerned shall be guided the Occupational Health & Safety provisions of the ACTU Code of Conduct for 12 hour shifts; Proper health monitoring procedures shall be introduced; Suitable roster arrangements shall be made prior to the introduction of such shifts; and Proper supervision shall be provided by the Company.
25. OVERTIME
25.1 Overtime – Food Employees
a) Shift loading, if applicable, is cumulative to overtime payments. b) Monday to Friday All time worked before the fixed starting time or after the fixed finishing time on any day, Monday to Friday inclusive, or in excess of eight ordinary hours on any such day, must be paid time and ______Page 30
one half for the first three hours then double time thereafter. Such double time will continue until the completion of the overtime worked.
c) Saturday All time worked by an employee on a Saturday until noon must be paid at time and one half for the first three hours then double time thereafter. After noon, all time worked must be paid at double time.
d) Sunday All time worked on a Sunday must be paid at double time with a minimum payment for four hours. Where shifts commence between 11.00 p.m and midnight on a Sunday, the time so worked before midnight shall not entitle the employee to the Sunday rate of pay, but to the rate payable for the following day.
e) Rest breaks i. In the case of shift workers, other than day workers, when working overtime including Saturday, Sunday or public holiday shifts, a further meal break of 30 minutes shall be allowed at the end of such shift where more than one and one half hours’ further work is to be performed. Such meal break shall be paid for as time worked. ii. In the case of day workers, when working overtime including a Saturday, Sunday or public holiday, a further meal break of 30 minutes shall be allowed at the end of the shift where more than one and one half hours’ further work is to be performed. Such further meal breaks shall not be paid for as time worked except where the work is performed pursuant to Clause 24.2(c) in which case the time of such meal breaks shall be counted and paid for as time worked.
25.2 Overtime – Other Employees Overtime will be in accordance with the relevant Award, unless specifically provided for in this Agreement.
25.3 Overtime – Compulsory Company Meetings Held Outside Of Ordinary Hours
Where an employee is required to attend a company meeting outside of their ordinary or usual hours of work, the employee shall be paid overtime rates in accordance with Clause 25.1 and 25.2 of this Agreement for the time the employee is in attendance at the company meeting.
26. ANNUAL LEAVE
Annual leave is provided for in the relevant Award.
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27. LONG SERVICE LEAVE 27.1 The NSW State Long Service Leave provisions will continue to apply in NSW.
27.2 In Tasmania, the State Long Service Leave provisions will apply with the following exceptions:
Employees will be able to access pro rata long service leave after 10 years continuous service which will bring Tasmania into line with NSW. The taking of such leave is subject to management approval.
Any employee who has 10 years continuous service and whose employment is terminated (for any reason other than serious and willful misconduct) will be entitled to payment of pro rata long service leave.
Payment of pro rata long service leave after five years (under special circumstances as listed in the Tasmanian Long Service Leave legislation) will be introduced which will bring Tasmania in line with NSW.
27.3 In respect of employee service with the Company from 1 March 2006, long service leave entitlements will accrue on the basis of 1.3 weeks per year of completed service.
27.4 Employees may request to take long service leave in accordance with the relevant legislation, however, by agreement with the Company, long service leave may be taken in a greater number of periods than specified in the relevant State legislation, provided each period must be no less than one week’s duration.
28. PERSONAL/CARER’S LEAVE
28.1 General provisions
a. Personal/Carer’s leave is provided for in the relevant Awards.
b. All employees will be granted up to three consecutive days’ paid Personal leave without production of a medical certificate. The Company shall not be required to pay Personal leave for personal injury and sickness for any absence exceeding three consecutive days unless the employee produces a certificate signed by a duly qualified medical or dental practitioner or a registered pharmacist, that the employee is unable to attend work due to personal illness or injury, elective surgery or dental work, other than routine dental maintenance.
c. Any Personal/Carer’s leave absences either side of a RDO, approved leave, or public holidays must be supported by a Doctor’s certificate.
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d. All employees will be entitled to payout of unused Personal/Carer’s leave upon termination.
e. Employees who work eight-hour shifts are entitled to 80 hours Personal/Carer’s leave allocated on commencement of employment. On the second and subsequent years of employment, the 80 hours Personal/Carer’s leave entitlement will be allocated upfront on the employee’s anniversary date of commencement. The site-specific provisions contained in Appendices 1 to 5 also contain further information on Personal/Carer’s leave and override a provision of any relevant Awards or the body of this Agreement only to the extent of any inconsistency.
f. Any accrued Personal/Carer’s leave over 20 days, may be cashed out by an employee. The employee must provide the Company with written notice of the amount of paid Personal/Carer’s leave they wish to be cashed out. The employee’s remaining accrued entitlement must not be less than 20 days at the time of cashing out. The payment will be made at the employee’s “ordinary rate of pay” which for the purposes of this clause, is the rate of pay for ordinary hours being received at the time of payment, inclusive of shift loadings, penalties and allowances. g. Payment for Personal/Carer’s leave of all employees shall include the appropriate shift penalties.
29. 52 WEEKS’ MAKE-UP PAY Where an employee becomes entitled to weekly compensation payments pursuant to the relevant Workers Compensation legislation presently in force in the relevant State, the Company will pay to the employee for 52 weeks, an amount equivalent to the difference between the level of weekly compensation and any weekly wages earned if incapacitated and the amount that would have been payable for the classification of work if the employee had been performing their normal duties.
30. PARENTAL LEAVE 30.1 Unpaid parental leave will be in accordance with the NES.
30.2 For the purpose of this clause, the following definitions apply:
a) Adoption-related leave means parental leave associated with the placement of a child(ren) with the
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employee for adoption. b) Child(ren) for the purposes of adoption leave means a child(ren) who: is or will be under the age of 16 on the day or expected day of placement for adoption; has not or will not have lived continuously with the employee for a period of 6 months or more at the day of the expected day of placement; and is not (other than because of the adoption) a child(ren) of the employee or the employee's partner. c) Birth-related leave means parental leave associated with the birth of a child(ren) of the employee, or the employee’s partner. d) An eligible employee includes a permanent employee who: has been engaged by Simplot on a regular and systematic basis for a sequence of periods of employment over a period of at least 12 months; and but for the expected birth or placement of a child(ren), would have a reasonable expectation of continuing engagement by Simplot on a regular and systematic basis. e) Partner includes a spouse, a former spouse, a de facto partner or a former de facto partner. f) Primary carer means a person who immediately after birth or the placement of adopted child(ren) assumes the principle role of providing care to the child(ren) for an extended period of time during working hours. 30.3 The Company will provide four weeks’ paid primary carer parental leave, during the NES unpaid leave duration to eligible employees, which may be taken as follows:
a) Four weeks paid at the employee’s ordinary rate of pay at the commencement of the leave; or b) Eight weeks paid at 50% of the employee’s ordinary rate of pay at the commencement of the leave.
30.4 Eligible employees who do not assume the primary carer role are entitled to one week’s paid non- primary carer parental leave.
30.5 The Company will provide the paid parental leave scheme as outlined in Clause 30.3 in addition to the Australian Government paid parental leave scheme.
31. COMPASSIONATE/BEREAVEMENT LEAVE
Compassionate/Bereavement leave is as provided for in the NES with the exception that employees are entitled to three days Compassionate/Bereavement leave on each occasion.
32. JURY DUTY
An employee required to attend for jury duty during their ordinary hours of work must be reimbursed by the Company, an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount paid in respect of hours the employee ______Page 34
would have worked had the employee not been on jury duty. The Company must pay such amount on all days the employee attends jury duty even if the employee’s attendance for jury duty exceeds 10 days.
33. BLOOD DONOR’S LEAVE
Any employee donating blood will not be financially disadvantaged. The procedure and process of donating blood will be decided at site level.
34. PUBLIC HOLIDAYS
34.1 Food Employees
a) The following days shall be public holidays for food employees (other than casuals) for the purposes of this Agreement: i. New Year’s Day; ii. Anniversary or Foundation Day; iii. Good Friday; iv. Easter Saturday; v. Easter Monday; vi. Anzac Day; vii. Labour Day; viii. Queen’s Birthday; ix. Christmas Day; x. Boxing Day; xi. Union Picnic Day to be observed during the period 1 June to 15 November or at an alternative date agreed between the parties to this Agreement; xii. August Bank Holiday which is the first Monday in August (in New South Wales); xiii. Regatta Day (in Southern Tasmania only); xiv. Recreation Day (in Northern Tasmania only); and b) Where any other day is generally declared or prescribed by or under a State law to be observed generally within the State, or a region of a State, as a substitute for or in addition to any of the above days, then that day shall be observed as the public holiday in lieu of the prescribed day.
c) Payment for public holidays not worked
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Employees (other than casuals) who are not required to work on public holidays during all or some of the hours which on any other day would have been their ordinary hours, shall be paid for such ordinary hours not worked at ordinary time plus where appropriate, the relevant shift penalties. d) Payment for public holidays worked
All time worked on Christmas Day and Good Friday shall be paid for at the rate of treble time. All time worked on any other public holidays must be paid double time and one half. Shift penalties, where applicable, are cumulative to the payments made under this clause. e) Payment for work on Christmas Day falling on a Saturday or a Sunday
In a year where Christmas Day falls on a Saturday or a Sunday and the legislation of the State or the Government of the State in which the food employee is employed proclaims or declares another day in substitution for Christmas Day or a public holiday additional to Christmas Day, the rate of treble time shall be paid for work done on December 25 in any such year and for work upon the said substituted day or additional public holiday as the case may be, shall be paid at the rate of double time and one half. Shift penalties, where applicable, are cumulative to the payments made under this clause. f) Minimum payment when working on a public holiday
The minimum payment for work done by a food employee on a public holiday shall be as for four hours work at the appropriate public holiday rate. g) Public holiday shift
Where shifts fall partly on a public holiday, that shift, the major portion of which falls on the public holiday, shall be regarded as the public holiday shift and be payable at the appropriate rates under Clause 34.1(d). Provided that, by agreement between the parties, the shift which commenced during the public holiday may be observed as the public holiday shift in which case public holiday rates shall not be payable for any part of the preceding shift worked during such public holiday. h) Special circumstances
Food employees (other than casuals) whose employment is terminated (other than by instant dismissal due to serious misconduct) less than seven days before any public holiday, and who is re- engaged less than 14 days after the public holiday shall be paid on re-engagement, one additional day’s pay at the rate specified in 34.1(c) if the public holiday was on what otherwise would have been an ordinary working day. In the case of a termination before Good Friday or Christmas Day
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and re- engagement less than 14 days after the following Easter Monday or New Year’s Day, as the case may be, the food employee shall be paid one additional day’s pay at the rate specified in respect of each of the intervening public holidays other than Easter Saturday.
34.2 Maintenance and Engineering Employees a) The following days shall be public holidays for maintenance and engineering employees (other than casuals) for the purposes of this Agreement: i. New Year’s Day; ii. Australia Day; iii. Good Friday; iv. Easter Saturday (In Tasmania, maintenance and engineering employees shall have one public holiday in lieu of Easter Saturday. The public holiday shall either be the relevant Show Day or another day agreed upon between the Company and the majority of employees concerned, other than a Saturday or Sunday); v. Easter Monday; vi. Anzac Day; vii. Queen’s Birthday viii. Labour Day or Eight Hours’ Day; ix. August Bank Holiday which is the first Monday in August (in New South Wales) x. Christmas Day; xi. Boxing Day; xii. In New South Wales – the Tuesday immediately following Easter Monday, but if that Tuesday is a gazetted or Proclaimed Public Holiday then on another day mutually agreed between the Company and the employee. The additional holiday is not cumulative and must be taken within each calendar year; xiii. In Tasmania – Regatta Day in Southern Tasmania (i.e. in Oatlands and all towns south of Oatlands) and Recreation Day in Northern Tasmania (i.e. all towns North of Oatlands). b) Where any other day is generally declared or prescribed by or under a State law to be observed generally within the State, or a region of a State, as a substitute for or in addition to any of the above days, then that day shall be observed as the public holiday in lieu of the prescribed day. c) Payment for time worked and not worked on a public holiday is provided for in the relevant Award. d) Notwithstanding 34.2 (c), all time worked on Christmas Day and Good Friday shall be paid for at the rate of treble time.
34.3 All other employees ______Page 37
Public holidays are provided for in the relevant Award unless specifically provided for in this Agreement.
34.4 Workers Compensation on Public Holidays a) Employees who are receiving workers compensation payments for a full day on which a public holiday falls under this Agreement shall not be entitled to payment for that public holiday. b) Employees who are receiving workers compensation payments for a part day on which a public holiday falls under this Agreement shall not be entitled to payment for that part day of the public holiday.
35. TRADE UNION TRAINING LEAVE
35.1 Requests for trade union training leave to attend union approved training courses will not be unreasonably withheld by the Company.
35.2 Employees will attend union approved training courses without loss of pay.
35.3 The Company will not pay for travel costs, travel time, accommodation costs or any costs associated with trade union training providers unless otherwise agreed. 35.4 In a calendar year an employee cannot access more than 10 days’ paid trade union training leave unless otherwise agreed. 35.5 The unions will supply the Company with a copy of the six-monthly course timetable on the understanding that this timetable is not comprehensive and is liable to change. The Company will be notified as soon as possible of any such changes that may affect Simplot. 35.6 The Regional or Plant HR Manager will be provided with as much notice as possible of the need for employees to attend union approved training courses.
36. UNION DELEGATES 36.1 The following provisions shall apply to union delegates who have been elected as representatives of their union membership: a) Delegates attending any off-site union meetings need to obtain approval from the Regional or Plant HR Manager, such approval will not be unreasonably withheld. b) Delegates must notify their supervisor prior to leaving their work area on union business. c) A lockable filing cabinet will be provided for the sole use of delegates and each delegate provided with a key. Such a cabinet must be situated in an area agreed between the parties on each site. d) A noticeboard of reasonable dimensions must be provided for union-approved notices. Such noticeboard shall be in a prominent position which shall be agreed between the parties on each ______Page 38
site. e) Reasonable access to telephone, photocopier and fax machine will be provided. f) Delegates will be given access to the Simnet e-mail system. One dedicated computer per site will be provided to delegates for the life of the Agreement, the location of which is to be agreed between Management and delegates at each site. Use of Simnet is to be in accordance with company policy and appropriate training will be provided by the Company. g) If a paid meeting of part or the entire site is to be held, the Regional or Plant HR Manager shall be advised and their authorisation sought. Where practicable, 48 hours’ notice is required.
36.2 Paid leave to attend union forums An employee who holds a position on a Regional Council or other union forum will be able to attend such meetings without loss of pay. Confirmation will be provided to the Company of those employees who are elected or appointed to such positions, as well as a minimum two weeks’ notice prior to the meetings taking place.
36.3 Off-site meetings The current arrangements for requests for employees to attend off-site meetings on paid time will continue. The relevant Union(s) must provide a letter of request on union letterhead, signed by an office bearer. A Union office bearer is a full-time official of the relevant Union. The Company and the relevant Union(s) will meet and agree on the number of employees to attend the meeting.
37. RIGHT OF ENTRY
Union officials will have access to members on site. Wherever possible the Union official will advise site management of on-site visits by giving 24 hours’ notice. If this is not possible and where the Company agrees, the official will notify site management upon arrival on the site. Union officials will follow safety procedures. Entry into the Company’s premises under this Clause shall be in accordance with Part 3-4 of the Act which deals with right of entry.
38. TIME BOOK INSPECTION An authorised official of the relevant unions shall have power to inspect the time book or record and also has the right to visit the office of the Company for this purpose. Entry into the Company’s premises under this Clause shall be in accordance with Part 3-4 of the Act which deals with right of entry.
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39. NEW EMPLOYEES On commencement of employment, the Company will advise all new employees of their right to join a trade union.
New employees shall be advised of the location of the union noticeboard.
40. FIRST AID ATTENDANT An employee appointed by the Company to perform first aid duties must be provided by the Company with the appropriate training and the appropriate first aid allowance. The name of each person(s) in charge of first aid on each shift shall be clearly displayed on the noticeboard in each site.
41. FREE TEA, COFFEE, HOT CHOCOLATE, MILK AND SUGAR 41.1 Tea, coffee (which may be instant coffee) and hot chocolate, together with milk and sugar shall be supplied, free of charge, by the Company to all employees during meal breaks and morning and afternoon tea breaks.
41.2 The Company shall provide, free of charge, boiling water for the employees at meal times and times allowed for morning and afternoon tea.
42. SEATING ACCOMMODATION 42.1 When requested by, or on behalf of any employees, and where reasonably practicable to do so, seats shall be provided by the employer for employees: a) where work is done standing and reasonable opportunities occur to take advantage of resting during the employment; or b) where a substantial proportion of the work can be properly done sitting down. 42.2 Employees shall be allowed to use the seating facilities provided at all reasonable times without interfering with the proper discharge of their duties.
“Seats” for the purpose of this clause shall mean seats with back rests unless there is a cogent reason why there should not be back rests.
43. CLOTHING AND SAFETY EQUIPMENT
43.1 Where the nature of work renders it necessary, the Company shall provide, free of charge: gloves, aprons, uniforms, safety shoes or boots and/or rubber boots for use of employees and appropriate
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safety equipment for work as it is performed. In case of employees engaged in freezing chambers, the Company shall provide freezer suits, boots, gum boots, smocks, gloves and balaclavas.
43.2 Such clothing shall be worn exclusively by the employee to whom it is issued. The items provided shall be renewed by the Company, when necessary, and shall be returned by the employee when replacement is necessary and at termination.
44. INTERNAL VACANCIES Regional vacancies will be advertised at all sites within the region. As is currently the practice, employment will be on the basis of skills, competencies and the needs of the business, whereby the Company determines the final decision on employment.
45. DISPUTE RESOLUTION
45.1 Procedure Issues in dispute regarding the application of this Agreement; matters pertaining between the employee and the Company; matters pertaining between the Unions covered by this Agreement and the Company; and the National Employment Standards (as amended) will be resolved between the party or parties and their nominated representatives (which for employee(s) can include a nominated union delegate or official) in accordance with the following procedures:
Site-specific disputes
a) Where the dispute between the parties concern a matter(s) specific to a particular site, the party or parties with the grievance must:
i. in the first instance, wherever possible, raise the matter with the employee’s line manager at the Company’s premises at which the employee works;
ii. if the matter is not resolved, the relevant site management in a timely manner, at the Company’s premises, at which the employee works or where the dispute arises, will become involved;
iii. if the matter is not resolved at site level in a timely manner, then the matter:
1. must then be raised with the relevant national management, if applicable; or
2. may be referred to the FWC for conciliation and/or arbitration. b) Where a matter that has progressed to the national level, in accordance with 45.1(a)(iii)(1), is not
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resolved at that level, the matter may then be referred to the FWC for conciliation and/or arbitration. National disputes Where the dispute between the party, or parties, concern national issues, the party, or parties, with the grievance must, in the first instance, raise the matter with the relevant national management. If the matter is not resolved at national level, then the matter may then be referred to FWC for conciliation and/or arbitration.
45.2 While the steps in Clause 45.1 are being pursued, the status quo, which is the situation existing immediately prior to the issue in dispute arising, will prevail. No party shall be prejudiced as to the final settlements by the continuance of work in accordance with this Agreement.
45.4 In the event of a party failing to observe these procedures, the other party may take such steps as are open to resolve the matter.
45.5 None of the steps described above takes away: a) an employee’s right to have a Union delegate or official; or b) a Union delegate’s right to have an official present as necessary at any stage of the dispute resolution procedure.
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APPENDIX 1: BATHURST SITE-SPECIFIC PROVISIONS
1. APPLICATION
Appendix 1 applies to the Company’s employees performing work at the Bathurst site.
2. OVERTIME
Where overtime is required permanent employees will be utilised first subject to having the skills required to perform the work.
3. NIGHT SHIFT HOURS
If there is a need to re-introduce a night shift, the start and finish times of this night shift will be determined following consultation and agreement with the majority of impacted employees, such agreement not to be unreasonably withheld.
4. ROSTERED DAYS OFF During the season no more than four RDOs may be accumulated, to be taken at a later time by mutual agreement.
5. PAID MEAL BREAKS ON A THREE-SHIFT OPERATIONS If there is an operational need to re-introduce a three shifts of continuous production then:
5.1 Wherever possible employees are not to move on a short term basis, between areas working continuous and non-continuous shifts. 5.2 Generally employees working continuous shifts move within areas working continuous shifts. 5.3 Employees’ shift finishing times are in respect of the shift they commenced on.
6. ROSTER CHANGES - MAINTENANCE AND ENGINEERING EMPLOYEES The Company intends, as much as possible, to keep roster changes to a minimum taking into account business, customer and employee needs. Where there is a need to change rosters, the provisions in Clause 24.3 - Ordinary Hours and Shiftwork provisions - Maintenance and Engineering Employees, Clause 11 - Workplace flexibility (if applicable) and Clause 12 - Introduction of Change, will be followed. Where there is a dispute, Clause 44 - Dispute Resolution, will prevail. 7. TEAM LEADER ALLOWANCE - MAINTENANCE AND ENGINEERING Maintenance and Engineering employees who are carrying out the Team Leader role will be paid an Allowance equivalent to 11% of their base rate (inclusive of Tool allowance). This Team Leader allowance will be incorporated as part of their all- purpose rate of pay.
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8. SIMPLOT BATHURST ENGINEERING 6 DAY ROSTER AGREEMENT TERMS This clause will no longer apply after the 2014 corn season ends in or around May 2014. The Company may consider implementing this clause as an hours of work arrangement beyond the 2014 corn season if it considers that there is a future operational need for a 12 hour continuous maintenance shift operation over 7 days during the term of this Agreement.
Continuous Shift:
The six day roster constitutes a continuous shift operation under the Metal, Engineering and Associated Industries Award 2009 (6.1.2a) and in accordance with Section (6.1.4c) as such, continuous shift workers are entitled to:
A paid meal break (6.1.2b); Payment for all overtime at the rate of double time (6.4.1a).
Ordinary Time Earnings:
The payment of wages will be eight hours ordinary time, plus three hours at time and one half and one hour at double time, ordinary hours Monday to Friday across a four week cycle, averaging 152 hours. Saturday day work will be paid at the rate of time and one half for the first three hours and double time for the nine hours thereafter. Saturday night shift will be paid at twelve hours double time. Sunday will be paid at double time as per this Agreement, whilst paid at overtime rates, this forms part of the ordinary time earnings during each cycle of 152 hours.
Friday night finishes on Saturday morning and is deemed to be part of ordinary time earnings and is paid as such.
Shift Loading:
There is no loading for work performed on day work, for night shift a loading of 30% will apply.
Superannuation:
The payment of superannuation will be paid in accordance with this Agreement based on 152 ordinary hours per four week cycle. Shift loading is included in calculations for this item.
Annual Leave:
Continuous shift workers are entitled to an additional accrual of annual leave, which is half a day (four hours) a month, as per the Award (Clause 7.1.2).
Public Holidays:
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The rate at which the six day roster shift workers are paid for work performed on a public holiday is double time and one half except for Christmas Day and Good Friday public holiday which shall be paid at triple time. Employees not rostered to work on a public holiday (i.e. are on days off during their cycle) will receive eight hours payment at the ordinary rate of pay. Where employees are rostered to work on a public holiday and are subsequently not required to do so, the company is to provide a minimum of five days’ notice to those employees affected. Those employees rostered on shift, but are not required, will be paid at the rate of twelve hours ordinary rate for the days not required, as part of the employees 152 hours across a four week cycle.
Sick and Carer’s Leave:
Employees who are absent from work due to personal illness, have the option to claim eight or twelve hours for the period of absence.
Employees are entitled to claim Carer’s leave for the purpose of caring for an immediate family or household member, who is sick and requires the employee’s care and support. Employees are entitled to ten days paid Personal/Carer’s leave per annum. The employee must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee (Clause 7.2.6 of the Award).
Entry into the Roster System – Mid Cycle:
An employee required to participate in the six day roster system will receive payment as per an eight hour shift roster, i.e. eight hours’ ordinary time, three hours at time and one half and one hour at double time.
The employee will receive “make-up” pay to bring their weekly hours up to forty normal hours, excluding weekend and out of ordinary time worked, i.e. Monday to Friday, 07:00 hours until 15:30 hours, for the initial week.
And in lieu of 48 hours’ notice, the employee will be paid the appropriate penalty rate as per the Award. Penalty rates as per the Agreement for weekend work will apply.
Unplanned Leave – Exit mid Cycle:
Where circumstances arise which require an employee to apply for leave during a four week cycle, the employee will take the appropriate leave, which will offset the time not worked during the cycle.
Mutually agreed Shift Coverage for Another Employee:
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Where employees mutually agree to swap shifts, or cover another shift for another employee as per Section 6.1.4.d(i) then this process may only occur by agreement as per the following provisions:
Prior written authorisation has been forthcoming.
The swap is at no financial penalty to the company.
The employee covering the shift will be paid as per normally worked, i.e. on a week day the payment of eight hours at ordinary time, three hours at time and one half and the remainder at double time.
In the case of a weekend and night shift, the appropriate penalty rates as per the six day roster agreement will apply.
The employee may use their own leave entitlements to supplement this time.
This does not apply to Company initiated shift swaps, which are regulated by the paragraph below.
Shift Coverage as Requested by the Company:
In the event of an employee being requested by the company to cover a shift outside their normal roster, the employee will be paid at the rate of double time for the duration of the shift and a minimum of four hours as per the award, and if applicable the payment of shift loading, i.e. inclusion of night shift loading.
This requested coverage is on a voluntary individual basis.
Extension of Hours for Sunday Work:
Day work: The employee starting work at 06:00 Friday may be asked to work longer than eight hours on the subsequent Sunday.
The request for this will be at the maintenance “toolbox” meeting hosted by a management representative on first day on that shift cycle (being Friday).
Night shift: The employee starting at 18:00 Friday may be asked to work on the subsequent Sunday night.
The request for this will be at the maintenance “toolbox” meeting hosted by a management representative on the second day of the shift cycle (being Thursday).
This requested coverage is on a voluntary individual basis.
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Sunday Work Being Moved:
Rostered Sunday work may be moved to a week day, following consultation with the employee and union representatives in accordance with Clause 24 of this Agreement.
Cessation of the Six Day Roster:
Due to crop or raw material failure, extreme weather events and reduced crop tonnage (not limited to revised targets) beyond the control of the company, it may be necessary to cease operating on the six day roster system earlier than planned. Where this situation arises, the company will consult and discuss with the union delegates the details which give rise to this decision and determine the method of reverting to an alternate roster system.
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APPENDIX 2: DEVONPORT SITE-SPECIFIC PROVISIONS
1. APPLICATION Appendix 2 applies to the Company’s employees performing work at the Devonport site.
2. PAID MEAL BREAKS ON A THREE-SHIFT OPERATIONS
2.1 Three Shift Rotation
When a department, area or production line requires a three shift rotation, paid meal breaks will be of half hour duration and form part of the eight hour shift. RDO hours will be calculated as per a 40 hour working week.
2.2 Two Shift Rotation
When a department, area or production line requires a two shift rotation, an unpaid half hour meal break will apply
2.3 Single Shift Rotation
When a single shift rotation is required a half hour unpaid meal break will apply.
2.4 Through negotiation with the employee, the above may be altered to support the business need or accommodate an employee who has moved from one role to another, with different shift requirements, with less than 8 hours’ notice.
3. COMPENSATION FOR LATE CANCELLATION OF WORK
If a shift is cancelled under eight hours of commencement time, compensation of four hours’ work must be offered on the original shift roster. If there is an event that is outside the Company’s control, compensation is not applicable.
4. ROSTERED DAYS OFF (FOOD EMPLOYEES)
During peak production periods, the Company may determine that up to 6 RDO’s (or more following consultation under clause 12 of the body of this Agreement) can be accumulated to be taken at a later time by mutual agreement.
5. ROSTER CHANGES – MAINTENANCE AND ENGINEERING EMPLOYEES ______Page 48
Where there is an operational need to move away from the existing 5 day 8 hour roster and/or when production moves to a three shift operation, implementing the existing 12 hour roster will be given first consideration by the Company.
6. HIGHER DUTIES ALLOWANCE FOR MAINTENANCE AND METALS ENGENERING
A metals maintenance engineering employee directed by the Company, to perform higher duty work for which a higher rate than the employee’s ordinary rate is prescribed by this agreement, shall be paid the higher rate of pay for time worked in the higher role, in conjunction with the Higher Duty allowance.
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APPENDIX 3: KELSO SITE SPECIFIC PROVISIONS
1. APPLICATION
This Appendix applies to the Company’s employees performing work at the Kelso site.
The following is how shifts may be structured at the Kelso site:
a) A nine-day fortnight in accordance with clause 3.2 of this appendix; or
b) Continuous shifts that may be implemented to meet operational needs in accordance with clause 3.3 of this appendix.
Any changes to existing shift arrangements will be in accordance with the consultation provisions of this Agreement.
Where there is an operational need to introduce a 12 hour shift arrangement, it will only be introduced following consultation and mutual agreement.
2. TERMS OF EMPLOYMENT
The Company may engage employees any of the types of employment contained in Clause 14 - Contract of Employment with the exception of Clause 14.2(a) which will be replaced by the following Clause 2.1.
2.1 Part-time Employment
A part-time employee means an employee directly engaged by the company in accordance with this Agreement and the Relevant Awards on a part-time basis subject to all entitlements and conditions applicable to weekly employment, with payments to be on a pro-rata basis of weekly employee entitlements. Provided that part-time employees shall be engaged for not less than 20 ordinary hours in any five-day week and for not less than 16 ordinary hours in any four-day week, and not less than four ordinary hours on any day.
2.2 Teams
The majority of production employees are assigned and require to work in teams which rotate throughout the preparation process and packing operations. Team work is an essential part of the operation as a means of improving product quality, efficiencies and productivity. Additionally, team
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In a similar fashion, the support staff are to work within the team concept, to further aid the operation of the business.
2.3 Stand-down
In addition, the Company may stand-down any employee without pay after giving one day’s notice where no work can be offered through any cause for which the Company cannot be reasonably held responsible, such as shortage in the supply of fish, meat, vegetables, ingredients or packaging. When it becomes evident that stand downs may occur the Union(s) shall be notified and all other options be explored before stand downs occur, other options to include are taking short-term annual leave or moving the day off forward.
2.4 Classification Structure
The following shall apply in respect of the classifications of employees: a) Production employees, including casual employees, engaged prior to 29 October 2012 will retain a minimum classification of F3 (Level 4) subject to the successful completion of the Certificate II in Food Processing. b) Maintenance employees, , engaged prior to 29 October 2012 will be classified at a minimum C8 except for any maintenance employee who is unable or refuses to undertake work at that level. c) Full time and part time employees engaged after 29 October 2012 will have the opportunity to train in accordance with the Operations Training Framework and the site Training Plan and reach F3 within 12 months of commencement. d) Casual employees engaged after 29 October 2012 who have not previously been employed at Simplot Kelso, will be initially employed for induction purposes at the F1a level (Level 1). After a period of 152 hours or 4 weeks a casual employee will move to level F1B (Level 2). Progression to F2 (Level 3) will only occur upon successful completion of Certificate 1 of Food Processing, but no later than 6 months from the completion of the induction period. Casuals will only undertake the training for Certificate II or F3 level if a specific requirement is identified in the
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work organisation structure by the site EDC or if they are required to use any competencies above Certificate II in order to perform their job.
e) Training plans and timeframes will be established and agreed at site level in accordance with the Simplot Operations Training Framework, for progression through the classification levels.
3. HOURS OF WORK
3.1 Subject to the provision of this Appendix, the ordinary hours of work will be an average of 38 hours per week which may be rostered between: a) 6am on Monday and 8.00am on Saturday for Food Employees; and b) 10.30pm on Sunday and 6.00pm on Saturday for Maintenance and Engineering Employees.
3.2 Nine day fortnight
3.2.1 The ordinary hours will be worked over a nine-day fortnight based on an average 38 hour week over a two week cycle.
3.2.2 Employees shall work ordinary hours each day for nine days in each two week cycle and the 10th day will be an RDO. The RDO will normally be staggered to meet the needs of the business, and be taken on a Monday.
3.3 Continuous Shiftwork
3.3.1 Where the Company proposes to change the hours of work of employees to meet operational needs, the consultation provision outlined in clause 12.2 will apply. 3.3.2 For permanent fulltime employees working on a continuous shift, the ordinary hours worked shall be an average of 38 hours per week over the roster cycle worked as an 8.45 hour (8 hours and 27 minutes) shift (including meal break) providing one accrued Rostered Day Off (RDO) every 2 weeks. . RDO’s will normally be staggered to meet the needs of the business, and be taken on a Monday.
RDO’s
3.4 The parties acknowledge that there may be times during the year, due to operational troughs, where there may be a need to move from staggered to synchronised RDO’s to enable a plant shut down. In these circumstances, the Company will:
a) provide affected employees with no less than 4 weeks’ notice of the need to synchronise the RDOs, and
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b) only do so up to two times a year (or more with agreement).
The Company will provide a calendar of RDO’s for the year to all employees.
3.5 Where unusual circumstances occur, necessitating work to be performed on an RDO, this will be done by mutual agreement. Where an employee works on an RDO, normal penalty rates will apply, or alternatively, a day in lieu will apply – but not both.
3.6 An annual allowance ($131.80, at the time this Agreement was approved) will be granted to permanent employees in the form of a gift voucher, to be paid to employees in acknowledgement of the Company’s request to vary the arrangement previously in place. This allowance will be indexed in December each year in accordance with the CPI. This allowance will not apply to employees who commenced employment after 5 February 2015 (the date the 2014-2017 Agreement was approved by the FWC).
3.7 Pay will be averaged over the cycle so that employees will be paid 7.6 ordinary hours for each of the employee’s rostered working days in the cycle.
3.8 Where a production employee works the 2 shift production arrangement (nine day fortnight) the start and finish times for the ordinary hours of work for those production employees will be as follows: a) Day work: 7am to 3.57pm packing employees; 6am to 2.57pm processing employees. b) Afternoon shift: 3.57pmpm to 12.54am packing employees; 2.57pm to 11.54pm processing employees. c) Night Shift worked Monday night to Saturday morning. 3.9 The start and finish times for maintenance employees working on a 9 ordinary hour shift operation will be as follows: a) Day work and Afternoon shift: will be the same as Clause 3.9 (a) and (b). b) Night shift: 11.00pm to 7.57am. c) Ordinary hours for Night shift will be worked from Sunday night to Friday morning.
3.10 Shift changeovers must occur in a manner which ensures the continuity of production.
3.11 Cleaners to work Saturday to 6.57am, at ordinary time, as per their regular shift. They shall be paid double time for any time worked on a Saturday, in excess of their rostered hours.
4. SHIFTWORK
4.1 Shift hours’ definitions: a) Afternoon shift means any shift where the ordinary hours finish after 7.00 p.m. and at or before 1.00 a.m.
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b) Night shift means any shift where the ordinary hours finish after 1.00 a.m. and at or before 9.00 am. c) The ordinary hours for Day work or Day shift may be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday. 4.2 Shift Changes 4.2.1 A Food Production employee can change shifts by mutual Agreement with the Company or they can be directed by the Company to change shifts where the employee has had at least one week’s notice. 4.2.2 For permanent food employees engaged prior to the 18 July 2017, working night shift shall be on a voluntary basis. Where there is insufficient volunteers to meet the required skill level, the Company may direct a permanent employee from day or afternoon shift to work on the night shift for a minimum of 1 week and a maximum of 4 weeks. 4.2.3 Maintenance employees will be covered by the terms of Clause 13 of this Appendix. 4.3 A shift loading of 15% shall be paid for any Afternoon shift and 30% for any Night shift.
5. OVERTIME
5.1 All time worked in excess of ordinary hours on any day, Monday to Friday, shall be calculated on a daily basis and paid at the rate of time and one half for the first two hours and double time thereafter. The overtime can be prior to or at the completion of the shift. Shift loading if applicable, is cumulative to this payment.
5.2 The Company shall not unreasonably require an employee to work overtime where on occasions the employee has genuine reasons for not working overtime that day, in accordance with the provisions of the NES.
5.3 An employee can, by prior arrangement, take paid time off instead of payment for overtime worked. The accrued time shall be taken at a mutually agreed time.
For example:
3 hours OT worked = 5 hours’ time in lieu
(2 hours x 1.5T) + (1 hour x 2T) = 3+2 = 5 hours’ time
6. SATURDAY WORK – OVERTIME AND ORDINARY HOURS For work performed on Saturday, the first two hours shall be paid at time and a half and double time thereafter. All work after 12.00pm will be paid at double time. Shift loading, if applicable, is cumulative to this payment. ______Page 54
7. PUBLIC HOLIDAYS
7.1 Public holidays to be observed at the site shall be in accordance with those public holidays prescribed in the Agreement. Union picnic day is to be taken as prescribed in the Agreement, or on a date agreed to by the majority of members at a site level.
7.2 All work performed on a public holiday shall be paid at double time and a half, with the exception of Christmas Day and Good Friday which shall be paid at triple time.
7.3 Any employee absent on the day before or after a public holiday will be required to provide, upon request, the following: a) Medical evidence; b) Prior consent of the Company; or c) A reasonable excuse which is acceptable to the Company.
7.4 Except for an emergency, an employee required to work on a public holiday shall be notified at least seven days prior to the holiday.
8. PERSONAL/CARER’S LEAVE
8.1 Conditions a) The employee, shall as soon as reasonably practicable, and where possible within four hours of the commencement of such absence, inform the Company of the inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.
In the case of extended absence (more than one day) daily notification is required until such time as an accurate indication of the duration of absence can be given.
8.2 Entitlements
a) An employee working an 8.95 hour shift (8 hours 57 minutes) will be entitled to 84.5 hours of Personal/Carer’s leave allocated on commencement of employment. On the second and subsequent years of employment, the 84.5 hours Personal/Carer’s leave entitlement will be allocated upfront on the employee’s anniversary date of commencement. b) Clause 8.2 of Appendix 3 refers to the entitlement for full-time weekly employees. Part- time employees are entitled to pro rata Personal/Carer’s leave on the basis of the number of hours they work. This entitlement will be allocated on commencement of employment and in ______Page 55
subsequent years, upfront on the employee’s anniversary date of employment.
9. METHOD OF PAYMENT
9.1 All employees covered by this Appendix will receive their pay on a weekly basis via direct deposit to a nominated financial institution of their choice.
9.2 Any change to the pay day will be subject to 1 months’ notice being given.
10. MORNING AND AFTERNOON TEA BREAKS
10.1 Employees who work full-time ordinary hours daily shall be provided with a paid 10-minute morning and afternoon tea break, at such times and in such a manner, as shall not interfere with the continuous running of production.
10.2 Employees who work less than full ordinary hours, but more than four hours daily shall be provided with a paid 10-minute break, at such a time and such a manner, that shall not interfere with the continuous running of production.
10.3 Where employees work one and one half hours overtime or more prior to the commencement of ordinary day work hours, a 10-minute paid tea break shall be provided, by arrangement, within the first four hours after commencement.
10.4 Such break will not occur within the first one and one half hours of shift.
11. ALLOWANCES
Appendix 6 contains the amount for each allowances described in this clause. Skill Allowances will be reviewed in conjunction with the competency standards and may be included in the regular rate.
11.1 Freezer Rooms
An employee engaged in duties which require work to be performed in the freezer rooms, shall be paid the appropriate allowance per hour for each hour or major portion of each hour. Where frequent entry and work in freezer rooms occur, each period is added so that is calculated for each hour.
11.2 Sullage Dirt Money
An employee required to enter and clean sullage pits shall be paid the appropriate allowance per hour for the time involved.
11.3 Dirt Money ______Page 56
An employee required to perform work of an extremely dirty nature (other than sullage pit work), shall be paid the appropriate allowance per hour extra for each hour or major portion of each hour.
11.4 Microwave Allowance
Where a production employee is required to use a microwave, the employee will be paid an allowance as contained in Appendix 6.
11.5 Meal Allowance
a) Where a Food Production employee is required and does in fact work for more than nine and one half hours on any day or shift, and such hours include more than one and one half hours of overtime, such employee shall either be supplied a meal by the Company consisting of two courses or be paid the appropriate meal allowance in Appendix 6. Provided, however, that a further meal allowance of the same amount (or meal provided) shall not be received unless the employee performs an additional four hours’ work after the nine and one half hours as aforesaid.
b) Maintenance Employees will be paid the appropriate Meal Allowance contained in Appendix 6, if the employee is required to and does in fact work for more than 10 hours on any day or shift, and such hours include more than one and one half hours of overtime, or such employee performs an additional four hours of work after the 10 hours aforesaid.
12. RATES OF PAY
The classification structures are contained in Appendix 7 and the rates of pay are contained in Appendix 6.
13. ROSTER CHANGES – MAINTENANCE AND ENGINEERING EMPLOYEES The Company intends, as much as possible, to keep roster changes to a minimum, taking into account business, customer and employee needs, but has indicated the potential need to introduce a 6 day roster arrangement during the life of this Agreement. Where there is a need to change rosters, the provisions contained in Clause 24.3 – Ordinary Hours and Shiftwork Provisions – Maintenance and Engineering Employees, Clause 11 – Workplace Flexibility (if applicable) and Clause 12 – Introduction of Change, will be followed. Where there is a dispute, Clause 44 – Dispute Resolution, shall prevail.
14. MEAL BREAKS 14.1 Food Employees
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a) An unpaid meal break of 30 minutes shall be taken as near as possible to the middle of the shift. Where work is performed pursuant to a three shift (day, afternoon and night) arrangement, the time of such meal break shall be counted and paid for as time worked.
b) No employee should work for more than 5½ hours without a meal break. Any employee required to work through their designated meal break or for more than 5½ hours without a meal break will be paid overtime rates until such time as the meal break is taken.
c) The Company may stagger the time of taking a meal break and rest break to meet operational requirements.
d) The time of taking a scheduled meal break or rest break by one or more employees may be altered by Company with 24 hours' notice if it is necessary to do so in order to meet a requirement for continuity of operations.
e) Employees working more than 1.5 hours overtime at the end of their shift will be entitled to a further 30 minute paid meal break.
14.2 Maintenance Employees Meal breaks will be in accordance with the Award and in particular the Crib breaks given, as follows: a) 20 minutes if work more than 1.5 hours past normal finish time.
b) 20 minutes if working between 4 hours and 20 minutes and 8 hours and 20 minutes on RDO’s, Saturday, Sunday or Public Holidays.
c) 20 minutes if working more than 8 hours and 20 minutes and less than 12 hours and 40 minutes. d) 40 minutes when working more than 12 hours and 40 minutes.
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APPENDIX 4: ULVERSTONE SITE-SPECIFIC PROVISIONS
1. APPLICATION AND CONTENT
Appendix 4 applies to employees performing work at the Company’s Ulverstone site. This Appendix identifies the alterations in the hours of work, duty hours, spread of hours and consequential changes as a result of working a five, six or seven day rotating or day only or night only shift system of 12.2 hour shifts.
2. CHANGE OF ROSTER
If the Company intends to change the roster, a minimum of 30 days’ notice will be given.
3. CALCULATION OF WAGES
3.1 The wages shall be expressed as a base wage per week e.g. base hourly rate x 38 hours plus penalties as at Clause 14 of Appendix 4. The totality of penalties shall be referred to as Average Penalty Payment. Employees employed on 12.2 hour shiftwork over the majority of the production period shall be paid shift entitlements during annual shutdowns and periods of extended maintenance. The flexibility of hours/shift worked is to be decided in consultation with the Work Teams involved. The matters on which flexibility of hours hours/shift work relate to include:
i. work as per projected roster; or ii. change to another roster system.
4. ANNUAL LEAVE i. Annual leave will be accrued as hours e.g. 190 hours per annum entitlement. Leave taken will be recorded in hours taken. Employees will be paid either the average penalty payment instead of annual leave loading, or they will receive annual leave loading, whichever is the greater. ii. Payment of annual leave will be at the projected roster rate. iii. Employees on the 12.2-hour shift roster will accrue five weeks’ annual leave at their projected roster rate i.e. they will receive the same rate of pay whether they are at work or on annual leave.
5. PERSONAL/CARER’S LEAVE
i. An employee working a 12.2 hour shift will be entitled to 10 days’ of Personal/Carer’s Leave allocated on commencement of employment. On the second and subsequent years of employment, the 10 days’
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Personal/Carer’s Leave entitlement will be allocated upfront on the employee’s commencement anniversary date. ii. Personal/Carer’s Leave will be paid on the basis of the “roster” hourly rate. This will enable employees to maintain their standard weekly wage when on paid Personal/Carer’s Leave irrespective of what day they were sick.
6. LEAVE WITHOUT PAY The base pay and the average penalty payment i.e. the “roster” hourly rate, shall be deducted for each day of unpaid leave.
7. LONG SERVICE LEAVE
Long service leave will be in accordance with Clause 27 – Long Service Leave, of the body of this Agreement with the following additions:
i. Employees who have worked the 12.2-hour shift arrangement for 52 continuous weeks and are rostered on the 12.2-hour continuous shift at the time of taking long service leave, must be paid their long service leave at the projected roster rate.
ii. Employees who have worked the 12.2-hour shift roster for 52 continuous weeks and have then transferred to an eight-hour shift must be paid their long service leave on a pro rata basis that reflects their time worked on the 12.2-hour shift roster.
iii. The pro rata portion of the long service leave applicable to the time worked on the 12.2-hour shift will be paid at the projected roster rate applying at the time of taking the long service leave. iv. In the case of planned shift relief personnel, continuous shift work undertaken in the 52 weeks prior to applying to long service leave shall be counted and payment at the roster rate on a pro rata basis applies.
8. COMPASSIONATE/BEREAVEMENT LEAVE Compassionate/Bereavement Leave will be in accordance with Clause 31 – Compassionate/Bereavement Leave of the body of this Agreement except in this clause, a day will reflect a shift.
9. OVERTIME The regular rostered overtime as a component of the shift shall be paid in the average penalty payment. All overtime in addition to the roster will be paid at double the employee’s base rate, and meal breaks will be included in this time.
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10. SHIFT HAND OVER
With the introduction of 12.2-hour shifts, there will be longer breaks between shifts and less consecutive hours of work, making it imperative that a thorough exchange of information on the operations of the plant takes place between the incoming and outgoing shifts.
This exchange must take place in the plant.
Each shift must hand over to the oncoming shift person. There will also be pre-shift meetings of the whole shift.
11. 38 HOUR WEEK (RDO’s)
The 12.2 hour shift is based on a 38 hour week profile. The packaging of hours in this roster provides for an average number of hours per week, over a rotational eight or twenty four week period. The concept of RDOs is encompassed in this roster arrangement.
12. MEAL BREAKS
12.1 Meal and rest breaks will be paid on each shift on the basis of: four x 30-minute breaks.
12.2 Such time shall be counted as time worked and taken by mutual agreement to ensure continuity of operation to maximise productivity and efficiency. An employee shall not be required, except in exceptional circumstances as provided for in the relevant Award, to work for more than five hours without a break for a meal.
13. SHIFT RELIEF
13.1 Planned relief Day workers required to go on to a continuous shift roster shall be given notice of such change in accordance with this Agreement and be advised of their requirement for planned relief. Should the period of planned relief extend past the period initially advised, the person will be given notice in accordance with this Agreement prior to returning to normal duties.
13.2 Unplanned relief Where unplanned reliefs are required, people from back-up shifts or day workers will be utilised first. If no permanent employee is available then casuals will be utilised.
13.3 Payment for shift relief a) Where a day worker is required to work a short duration shift relief or shift relief that encroaches into two consecutive pay weeks, overtime and shift penalties provided for in this ______Page 61
Agreement shall apply for the hours outside the normal day work hours. The only exception being Saturday and/or Sunday, where the option of overtime rates or roster rate shall apply. If the roster rate is taken, the principle of one paid day off for each shift worked shall apply.
b) Where it is known that the shift is for an extended period or for unforeseen circumstances or the shift relief extends beyond two consecutive pay weeks, shift conditions and average pay will apply for the extended relief period.
c) If the last week of the extended relief is not a complete rostered week, overtime and shift penalties will apply for the shift(s) worked and the relief person will assume normal day work hours for the remainder of the week.
13.4 Payment for shift relief – Maintenance and Engineering Employees (short term)
a) Where a day worker is required to work as a third shift fitter on a start-up shift (with or without 48 hours notice), or on short duration shift relief or shift relief that encroaches into two consecutive pay weeks, overtime, overtime at double time rates, and shift penalties (ie. 30% for night shifts) and shift penalties provided for in this Agreement shall apply for the hours outside the normal day work hours. The exception being weekend shifts (Saturday day/night/ and/or Sunday day/night), where the option of overtime rates or roster rates will apply.
b) If the roster rate is taken, the principle of one paid day off for each shift worked shall apply (paid at single time). Paid week days off to be taken immediately prior to or after the shift relief period. No rest period will be paid after a night shift.
c) If the option of overtime rate is taken, no person may work more than seven consecutive days without taking either a leave without pay or paid leave (RDO, annual).
13.5 Payment for shift relief Maintenance and Engineering employees (long term)
Where it is known that the shift is for an extended period or for unforeseen circumstances and the shift relief extends beyond two consecutive pay weeks one of the following options shall apply: a) the person covering the shift may work the first two weeks and be paid at overtime rates with shift penalties in accordance with the Agreement, then the remaining period of coverage on shift conditions and average shift pay; or b) the person covering the shift may elect to work the full coverage period under shift conditions and average shift pay.
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If the first or last week of the extended relief is not a complete rostered week, overtime and shift penalties will apply for the shift(s) worked and the relief person will assume normal day work hours for the remainder of the week. Except weekends, where the second sentence of 13.4(a) applies.
The Engineering Team Leader will notify the pay office of the commencement date and the option taken by the employee covering the shift.
14 AREA LEADER ALLOWANCE
a. An Area Leader Allowance will be paid to all employees for such time that they act as an Area Leader during shut down periods, maintenance days or other days as determined by the Company.
b. The Area Leader Allowance is to compensate for the increased scope of work and supervisory responsibilities expected of a maintenance employee taking on this role that are over and above their current classification. The following is an indicative, but not exhaustive, list of Area Leader duties:
i. Allocate work; ii. Manage Job Hazard Analyses (JHAs) - review, approve and monitor; iii. Manage High Risk Work Permitting – complete, monitor, sign off; iv. Act as Group Isolation Officer - apply locks, remove locks, sign off; v. Monitor quality and progress of work and provide technical support; vi. Ensure Time Sheet completion to standard; vii. Ensure Work Order completion to standard; viii. Ensure housekeeping in area to standard; ix. Ensure PPE and GMP standards maintained; and x. Time management of assigned labour pool.
c. Subject to clause (4), the Area Leader Allowance will be paid as a flat rate of $6.00 per hour above an employee’s normal classification rate. This allowance is not an all-purpose payment for the purpose of this Agreement.
d. This Allowance will be adjusted annually in accordance with the Annual Wage Review for the MAIO Award 2010.
e. Subject to consultation, future classification reviews may lead to the discontinuation of this allowance for an employee due to tasks and/or competencies being incorporated into, and recognised by, the employee’s classification.
f. The Company will determine who will be offered this role and also the number of Area Leaders required for shut downs, maintenance days or other days as determined by site requirements.
g. It is recognised that all maintenance employees may not be suited to act as an Area Leader and, therefore, not all employees will be offered the role and employees will also not be forced to undertake this role. ______Page 63
h. The Company agrees to provide appropriate training for employees who are offered this role where considered necessary.
i. Prep and post Payment: Preparation and post work for days as referred to in (1) above includes, but is not limited to, identification of parts, resources and special equipment, documentation of work steps/JHAs and associated administration and paper work. As this is primarily of an administrative nature, rather than supervisory, preparation and post work for shut down, maintenance days, or other days as determined by the Company, will not attract the Area Leader Allowance.
However, as an interim arrangement only, pending a competency and classification review, team members performing such work will be paid an hourly Prep and post Payment calculated at 122% of the applicable C10 rate instead of their usual ordinary hourly base rate, or continue to be paid their usual hourly rate, whichever is the higher. The Prep and Post Payment will be paid for such hours as the individual agrees with their team leader. This payment is not an all-purpose payment for the purpose of this Agreement.
15 AVERAGE PAY CONCEPT
15.1 Hours per week: A standard wage will be paid each week based on the average paid hours over the length of the shift cycle (e.g. 8 week or 24 week cycle). This is a standard each week for working in accordance with the roster. Hourly Rate: There are two hourly rates:
a) the employee’s base hourly rate, as per their classification in Appendix 6 of this Agreement, and
b) the “roster” hourly rate, inclusive of their base rate, plus night shift penalties, weekend penalties and overtime factored into the 12.2 hour shift roster.
15.2 The “roster” hourly rate will enable personal leave, mutual shift changes, unpaid absences etc., to be treated at a standard rate irrespective of what shift is being worked.
By using an average hourly rate, it would not matter when a team member was sick. They would be paid for 12.2 hours at their “roster” hourly rate, i.e. no loss of wages. If late or absent, they would be deducted at the “roster” hourly rate for the time absent or unpaid.
15.3 Calculation of Wages
To calculate the roster hourly rate for Food Employees:
Firstly, answer the following:
Classification: Current hourly base rate for classification: Weeks in Cycle = ______Page 64
Hours in Shift (e.g. 12.2) = Shifts in Cycle = Total Hours in Cycle (hours in shift x shifts in cycle) = Average Hours per Week (total hours in cycle divided by weeks in cycle) =
Secondly, work out the composition of shifts in the roster cycle:
Day shift, Monday – Friday = Night shift, Monday – Friday = Day shift, Saturday = Night shift, Saturday = Day shift, Sunday = Night shift, Sunday =
Thirdly, calculate the number of hours to be paid for the cycle:
Ordinary hours (all Monday – Friday shifts) x 12.2 hours PLUS Shift loading: All night shifts x 12.2 x 30% PLUS Overtime at T1/2 (for first 3 hours each week): Difference between Average Hours per Week and 38 hours x Weeks in Cycle PLUS Overtime at T2 (for any overtime above 3 hours per week): Difference between Average Hours per Week and 41 hours x Weeks in Cycle PLUS Saturday penalties: Saturday shifts x Hours in Shift (e.g. 12.2) x 150% PLUS Sunday penalties: Sunday shifts x Hours in Shift (e.g. 12.2) x 200% = Total Hours
The Average Weekly Wage will be Total Hours divided by Weeks in Cycle x Base Hourly Rate. The Roster Hourly Rate will be the Average Weekly Wage divided by the Average Hours per Week.
To calculate the roster hourly rate for Maintenance and Engineering Employees:
Firstly, answer the following:
Classification: Current hourly base rate for classification: Weeks in Cycle = Hours in Shift (e.g. 12.2) = Shifts in Cycle = Total Hours in Cycle (hours in shift x shifts in cycle) = Average Hours per Week (total hours in cycle divided by weeks in cycle) = ______Page 65
Secondly, work out the composition of shifts in the roster cycle:
Day shift, Monday – Friday = Night shift, Monday – Friday = Day shift, Saturday = Night shift, Saturday = Day shift, Sunday = Night shift, Sunday =
Thirdly, calculate the number of hours to be paid for the cycle:
Ordinary hours (all Monday – Friday shifts) x 12.2 hours PLUS Shift loading: All night shifts x 12.2 x 30% PLUS Overtime at T2: Difference between Average Hours per Week and 38 hours x Weeks in Cycle PLUS Saturday penalties: Saturday shifts x Hours in Shift (e.g. 12.2) x 150% PLUS Sunday penalties: Sunday shifts x Hours in Shift (e.g. 12.2) x 200% = Total Hours
The Average Weekly Wage will be Total Hours divided by Weeks in Cycle x Base Hourly Rate. The Roster Hourly Rate will be the Average Weekly Wage divided by the Average Hours
- 16 ACTU CODE OF CONDUCT ON 12-HOUR SHIFT WORK
16.1 This code of conduct by the ACTU spells out that the introduction of twelve hour shifts should only be permitted where there is a continuous work process or other special circumstances can be shown to exist; where twelve hour shift work will not impose excessive physical or mental workload; where, after a proper examination of the possible injurious effects to employee health and social wellbeing, there are demonstrated benefits for the workers affected; after full consultation with Union/s and with the support of at least 2/3rds of workers affected and in conjunction with possibilities of reducing working time generally.
16.2 To minimise the health and safety risks of twelve hour shift work, the ACTU advises Unions to negotiate the following control measures. The application of these measures may vary according to the industry and workload involved:
a) maximum of two (2) night shifts in succession; b) at least a twelve (12) hour interval between shifts; c) short cycle period with regular rotation; d) allowing workers some flexibility about shift change times and shift length; e) in addition to normal breaks, where practicable, an extended rest period during night shift; f) special rosters for workers exposed to hazards, where health and safety standards are determined on the basis of exposure over eight (8) hours;
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g) additional paid leave; h) early retirement provisions; i) continued application of penalties and allowances; j) provision of adequate information on issues such as shift rosters, rest, fatigue, etc.; k) provision of welfare facilities and services, such as meals and drinks, transport services, rest areas, recreational facilities, etc.; l) training for supervisors to increase awareness of the special requirements of twelve (12) hour shift working; m) provision of health services, including pre-placement health examinations, periodic examinations and health counselling; and n) the requirement for employers to take all necessary steps to find suitable alternative employment for workers who are unable to continue shift work for health reasons.
16.3 Overtime: In the case of this clause, 2 overtime shifts are permitted per break between rotas, with no more than 5 shifts to be worked in a row.
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APPENDIX 5: HARVESTERS SITE SPECIFIC PROVISIONS
The following provisions will apply to employees of Harvesters:
a) During the harvesting season, an employee may apply for, and the Company may grant, leave without pay (LWOP) due to harvesting issues (e.g. wet weather, crop maturity etc.). Such applications may not be granted if the employee is required for other duties or has an annual leave accrual of greater than 228 hours.
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APPENDIX 6: SITE WAGES AND ALLOWANCES 2018 Backpay
The back pay will be calculated on the employee’s gross (pretax) earnings from the first pay period commencing on or after 1 March 2017 to the date this agreement is approved by the Fair Work Commission. The back pay shall be paid to existing employees as a lump sum less any applicable tax, no later than 28 days from the date this agreement is approved by the Fair Work Commission. For clarity, the backpay will also be paid to any casual employee who performed work in the backpay period and who continues to perform work on or from the date of approval of this agreement.
The back pay lump sum amount referred to in clause 10.1 of this agreement, shall be calculated by multiplying 2% of the employee’s total wage earnings for the period from the first pay period commencing on or after 1 March 2017 to the last pay period on or before the 30 June 2018 (first period), and 2.5% for the period from the first pay period on or after 1 July 2018 to the date this agreement is approved by the Fair Work Commission (the second period) ) which shall be the first year rates prescribed in Appendix 6 of this agreement applicable from the first pay period on or after 1 July 2018. ‘Total wage earnings’ shall include all wages earned during the relevant period for ordinary hours, overtime, shift penalty rates and allowances, including the casual loading where applicable.
For example, an employee who has earned $60,000 gross wages for the first period and $5,000 for the second period, Simplot shall pay a pretax lump sum of $1,200 ($60,000 x 2%) for the first period and $227.50 ($5,000 x 2% plus x 2.5%) for the second period. Simplot shall also pay 9.5% superannuation on the pretax lump sum amount. For example (9.5% Superannuation Guarantee Levy x ($1,200 + $227.50) = $135.61 superannuation payment).
If during the life of this Agreement, different classifications than outlined below are required by the Company, the relevant wage will be calculated by reference to the Food or Maintenance classification structure contained in Appendix 7 – Competency Based Classification Structure.
APPRENTICES
All Maintenance and Engineering Apprentices at all sites will be paid wages in accordance with the relevant site rate prescribed in this agreement based on the percentage of the C classification prescribed in the Manufacturing and Associated Industries and Occupations Award 2010.
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BATHURST Food Employees’ Wages Hourly base rate Classification First pay period First pay period First pay period on or after 1 July on or after 1 July on or after 1 July 2018. (2.5%) 2019(2.5%) 2020 (2.75%) F1A 25.3817 26.0163 26.7317
F1B 26.6835 27.3505 28.1027
F2 28.4406 29.1516 29.9533
F2A 28.9938 29.7187 30.5359
F2B 29.5242 30.2623 31.0945
F3 30.0676 30.8193 31.6669
F3A 30.8910 31.6632 32.5340
F3B 31.7142 32.5071 33.4010
F4 * 32.5409 33.3544 34.2716
*All leading hands are paid F4 rates.
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BATHURST
Maintenance and Engineering Employees’ Wages
Hourly base rate** Classification First pay period First pay period on or after 1 First pay period on or after 1 on or after July 2019 July 2020(2.75%) 1 July 2018. (2.5%) (2.5%) C10 32.5409 33.3544 34.2716
C8 35.7948 36.6897 37.6986
C7 37.4218 38.3573 39.4122
C6 40.6760 41.6929 42.8395
**Tool allowance is to be added to the base rate and incorporated as part of the all purpose rate of pay.
** An electrical license allowance of $23.08pw will be added to the base rate and incorporated as part of the all purpose rate of pay. The all purpose nature of this allowance will commence from the first full pay period after approval of the Agreement.
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DEVONPORT
Food Employees’ Wages
Hourly base rate Classification First pay period First pay period First pay period on or after on or after 1 July on or after 1 July 1 July 2018 (2.5%) 2019(2.5%) 2020 (2.75%) F1A 25.3076 25.9403 26.6536
F1B 26.6055 27.2706 28.0205
F2 28.3575 29.0665 29.8658
F2A 28.9091 29.6318 30.4467
F2B 29.4379 30.1739 31.0037
F3 29.9798 30.7293 31.5744
F3A 30.8006 31.5707 32.4388
F3B 31.6215 32.4120 33.3033
F4 32.4456 33.2568 34.1713
Maintenance and Engineering Employees’ Wages
Hourly base rate** Classification First pay period First pay period on or after First pay period on or after on or after 1 July 2019 1 July 2020 1 July 2018 (2.5%) (2.5%) (2.75%) C10 32.4456 33.2568 34.1713
C9 34.0679 34.9196 35.8799
C8 36.7358 37.6542 38.6897
C7 37.3126 38.2455 39.2972
C6 40.5570 41.5710 42.7142
**Tool allowance is to be added to the base rate and incorporated as part of the all purpose rate of pay.
** An electrical license allowance of $23.66pw will be added to the base rate and incorporated as part of the all purpose rate of pay.
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KELSO
Food Employees’ Wages
Hourly base rate Classification First pay period First pay period First pay period on or after on or after 1 July on or after 1 July 1 July 2018 (2.5%) 2019(2.5%) 2020(2.75%) F1A 26.9697 27.6440 28.4042
F1B 28.3528 29.0616 29.8608
F2 30.2202 30.9757 31.8275
F3 31.9488 32.7475 33.6481
F4* 34.5768 35.4412 36.4158
*All Coordinators are paid F4 rates. Allowances Allowance Frequency Applicable from date FWC Approval First Aid - per day $3.96
Maintenance and Engineering Employees’ Wages
Hourly base rate# Classification First pay period First pay period First pay period on or after on or after 1 July on or after 1 July 1 July 2018 (2.5%) 2019 2020 (2.5%) (2.75%) C10 34.5768 35.4412 36.4158
C9 36.3055 37.2131 38.2365
C8 38.0343 38.9852 40.0573
C7 39.7632 40.7573 41.8781
C6 43.2210 44.3015 45.5198
Allowances Allowance Frequency Applicable from date FWC Approval First Aid - per day $3.96 # The tool allowance, refrigeration allowance, electrical license, supervisors allowance and leading had allowance is included in the over award payment and incorporated as part of the all purpose rate of pay.
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ULVERSTONE
Food Employees’ Wages
Hourly base rate Classification First pay period First pay period First pay period on or after on or after 1 July on or after 1 July 1 July 2018 (2.5%) 2019 2020 (2.5%) (2.75%) F1A 25.6596 26.3011 27.0244
F1B 26.9754 27.6497 28.4101
F2 28.7519 29.4707 30.2811
F2A 29.3111 30.0439 30.8701
F2B 29.8474 30.5935 31.4349
F3 30.3967 31.1566 32.0134
F3A 31.2291 32.0098 32.8901
F3B 32.0614 32.8629 33.7667
F4 32.8970 33.7194 34.6467
Maintenance and Engineering Employees’ Wages
Hourly base rate ** Classification First pay period First pay period First pay period on or after on or after 1 July on or after 1 July 1 July 2018 (2.5%) 2019 2020 (2.5%) (2.75%) C11 30.3967 31.1566 32.0134
C10 32.8970 33.7194 34.6467
C8 36.1866 37.0913 38.1113
C7 37.8315 38.7773 39.8437
C6 41.1212 42.1492 43.3083
C5 42.7662 43.8353 45.0408
**Tool allowance is to be added to the base rate and incorporated as part of the all purpose rate of pay.
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** An electrical license allowance of $23.66pw will be added to the base rate and incorporated as part of the all purpose rate of pay. ***Dual trade allowance presently paid at Ulverstone shall continue to be paid and may cease to be paid should a classification review outcome initiated by the Company with involvement of employees and the union in accordance with Appendix 7 of this agreement, determine that the employee’s present classification level includes the duties required of the employee to be performed by the employer.
SIMPLOT HARVESTERS Wages
Hourly base rate ** Classification First pay period First pay period First pay period on or after on or after 1 July on or after 1 July 1 July 2018 (2.5%) 2019 (2.5%) 2020 (2.75%) C12 28.9246 29.6477 30.4630
C10 32.4456 33.2568 34.1713
C9 34.0679 34.9196 35.8799
C8 35.6902 36.5825 37.5885
Casual F1B 26.5723 27.2366 27.9856 Exclusive of 25% loading
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Allowances - Food Employees
Where applicable, allowances will be paid to Food employees as follows unless a different amount is specified elsewhere in this appendix; this list is not exclusive, additional allowances may apply on some sites:
Allowance Frequency from date FWC Mechanism of Increase* Approval
Meal Money Per occasion $14.25 Amount per FBTM Award 2010
Apply % increase as per Annual Wage Review for FBTM First Aid Per day $3.33 Award 2010
Travel Per km $0.78 Amount per FBTM Award 2010
Apply % increase as per Annual Wage Review for FBTM Dirt Per hour $0.97 Award 2010
Microwave Allowance Per hour $0.79 CPI Method per Clause 10.2
Freezer (7.2 to -1.1 degrees Per hour $0.63 CPI Method per Clause 10.2 Cel.)
Freezer (-1.2 to -17.8 Per hour $0.96 CPI Method per Clause 10.2 degrees Cel.)
Freezer (below -17.8 Per hour $1.60 CPI Method per Clause 10.2 degrees Cel.)
Leading hand allowance: Per week $16.85 CPI Method per Clause 10.2 < 3 employees
Leading hand allowance: Apply % increase as per Annual Wage Review for FBTM Per week $36.48 3-10 employees Award 2010
Leading hand allowance: Apply % increase as per Annual Wage Review for FBTM Per week $54.72 11-20 employees Award 2010
Leading hand allowance: Apply % increase as per Annual Wage Review for FBTM Per week $69.54 21 plus employees Award 2010
*FBTM Award 2010 means Food, Beverage and Tobacco Manufacturing Award 2010
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Allowances - Maintenance and Engineering Employees
Where applicable, Allowances will be paid to Maintenance and Engineering employees as follows unless a different amount is specified in this Appendix, this list is not exclusive, additional allowances may apply on some sites:
Allowance Frequency from date FWC Mechanism of Increase* Approval
Meal Money Per occasion $14.25 Amount per MAIO Award 2010
Apply % increase as per Annual Wage Review for Boiler Allowance Per hour $1.63 MAIO Award 2010
Apply % increase as per Annual Wage Review for First Aid Per day $3.33 MAIO Award 2010
Travel Per km $0.78 Amount per MAIO Award 2010
Tool Allowance Per week $15.29 Amount per MAIO Award 2010
Leading hand allowance: Apply % increase as per Annual Wage Review for Per week $36.48 3-10 employees MAIO Award 2010
Leading hand allowance: Apply % increase as per Annual Wage Review for Per week $54.72 11-20 employees MAIO Award 2010
Leading hand allowance: Apply % increase as per Annual Wage Review for Per week $69.54 21 plus employees MAIO Award 2010
*MAIO Award 2010 means Manufacturing and Associated Industries and Occupations Award 2010
Reimbursement of electrical license – an employee that is required to hold an electrical license to enable them to legally perform work that is required by the Company will be able to seek reimbursement from the Company of the costs of obtaining and maintaining the license.
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APPENDIX 7: OPERATIONS TRAINING FRAMEWORK
Simplot Australia Pty Ltd
Operations Training Framework
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Simplot Operations Training Framework – Index
CONTENTS
BACKGROUND 78
INTRODUCTION 78
OPERATIONS TRAINING AND DEVELOPMENT VISION
MISSION 78
ACCESS 78
OPERATIONS TRAINING GROUP 79
NATIONALLY ENDORSED TRAINING PROVIDER 79
SITE TRAINING COORDINATION
EMPLOYEE DEVELOPMENT COMMITTEE’S ROLE 81
SITE TRAINING COMMITTEE
TRAINING COORDINATOR RESPONSIBILITIES
COMMUNICATION OF SITE TRAINING
COMPETENCY BASED CLASSIFICATION STRUTURE 84
MAINTENANCE PERSONNEL CLASSIFICAITON MATRIX
IMPLEMENTING CLASSIFICATION STRUCTURE
FOOD PROCESSING IMPLEMENTATION PROCEDURE GUIDELINES
SIMPLOT BATHURST IMPLEMENTATION PROCESS 92
PROCESS FOR ACHIEVING FORMAL RECOGNITION OF COMPETENCIES
SIMPLOT ULVERSTONE IMPLEMENTATION PROCESS 95
PROCESS FOR IMPLEMENTING CBT & ACHIEVING FORMAL RECOGNITION OF COMPETENCIES
SIMPLOT DEVONPORT IMPLEMENTATION PROCESS 98
MAINTENANCE PERSONNEL 101
PRINCIPLES FOR COMPETENCY BASED CLASSIFICATIONS 103
DEVELOPING SITE OPERATIONS TRAINING PLANS 105
INDIVIDUAL TRAINING ENTITLEMENT 106
DEFINITIONS
ATTENDING APPROVED TRAINING COURSES 107
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COMPANY BENEFIT PROGRAMS
MUTUAL BENEFIT PROGRAMS
EMPLOYEE BENEFIT PROGRAMS
MUTUAL RECOGNITION
RCC & ASSESSMENT PROCEDURE 109
RECOGNITION OF CURRENT COMPETENCIES (RCC)
ASSESSMENT 112
TRAINING REVIEW & DISPUTES MECHANISM
DEFINITIONS
GLOSSARY OF ACRONYMS
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BACKGROUND
The following document outlines the guiding policies and principles for Operations Training initiatives at all Simplot Australia Pty Ltd plants for all our Award personnel. It provides a framework for the implementation of a competency based classification structure for Metal Trades and Food Processing Operators. It incorporates nationally recognised and accredited competencies of the Metal and Engineering industry and other qualifications including the Certificate in Food Processing.
The Operations Training Group will review this document annually
INTRODUCTION Operations Training & Development Vision
To establish a culture of learning and innovation within Simplot Australia Pty Ltd, which is integrated with the business planning process, supports sustainable competitive advantage and provides job enrichment for our employees.
MISSION
To develop employees who:
are multi-skilled and perform well in a number of tasks required by the plant;
want to participate in workplace learning activities;
participate enthusiastically in continuous improvement initiatives;
exceed their customer’s requirements for product quality and safety;
diligently work to legislative and company requirements for a safe workplace;
have developed skills that are valued by the Company, the industry and themselves.
receive formal recognition of Nationally accredited competencies.
ACCESS Employees will have access to higher career classification levels and training opportunities based on the following criteria:
Employee's willingness to accept the level of accountability Employee's demonstrated commitment to site learning initiatives
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Demonstrated competency Using the competency Experience Needs of the enterprise OPERATIONS TRAINING GROUP (OTG) This group will comprise two employee representatives nominated by the Union(s) and two employee representatives by the Company or such other persons either delegated or nominated in their place.
AMWU representatives are:
AMWU Jason Hefford (or nominee)
AMWU Michael Wickham(or nominee)
Simplot TBC
Simplot TBC
The mandate of this group is to:
a) Meet once per year to review and update the Operations Training Framework as required. b) Oversee the implementation of the Operations Training Framework. c) Discuss the Operations training plan for the sites. d) Be used as a forum for communicating training opportunities that may exist at other sites that could be implemented nationally.
NATIONALLY ENDORSED TRAINING PROVIDER Where necessary, the Company will select a suitably registered training organisation to assist in the development and delivery of training resources for the Company. Their function is to provide resources and support to the nominated site. However, they may be called upon to provide training delivery and resource services directly at the discretion of each site.
The Operations Training Group will be consulted in the selection of the registered training organisation.
The National Food Institute (NFI) is currently the Nationally endorsed RTO for the implementation process for the Food Competency based classification structure.
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Site Training Coordination
Co-ordination of training occurs at each site within the guidelines of this document. The Site Employee Development Committee (EDC) will assist the site Training Coordinator and/or Regional Human Resources Manager to prepare annual training plans.
Employee Development Committee
(Site Training Committee)
Site Training Plan
Individual Training Plans
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Employee Development Committee’s Role
(Site Training Committee)
As representatives of the site employees, their role will be to ensure an equitable balance of Company and employee issues in the preparation, delivery and evaluation of classification levels and programs. Ideally they should meet the competency standards: Plan Assessment, Conduct Assessment, Review Assessment and Training Small Groups from the Training Package for Assessment and Workplace Training. They should also have training in the terms and application of the Food Certificate Training Package; the Simplot Training Policy document; competencies and the Packaging rules. Their responsibilities may include:
Assist in the formulation of site skills matrix and keep updated; Participation in professional development activities; Oversee the implementation of CBT; Assist in the formulation of training tools; Assist and monitor the activities of the agreed site RTO; Monitor the effectiveness and relevance of all plant training initiatives; Provide information on specific matters relating to training; Promote learning in the workplace; Identify opportunities for improvement in the training process; Develop the site Training Plan; Oversee the implementation of the site Training Plan and all training on site; Ensure minutes are agreed as correct and signed off by all the EDC members prior to broader circulation. Minutes should be circulated no later than 10 days following the meeting of the EDC following endorsement. The Committee will: Be coordinated by the Regional Training Coordinator or Regional Human Resources Manager where they exist; Consist of elected delegates and nominated management representatives. As much as possible all shifts should be represented. Currently the Delegates committee is operating as the EDC. If it is agreed that more committee members are required, the current EDC members can put forward nominations. All new members to the committee must have the agreement of the current EDC members; to be clear the management will nominate and agree management representatives and the delegates will nominate and agree employee representatives;
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Meet regularly to review all operations training activities; Assist in the implementation of the National Operations Training Framework and development of the site training plan; Ensure the EDC Chairperson’s role shall be shared equally between management representatives and delegates;
Ensure EDC Meetings are scheduled 12 months ahead on at least a monthly basis and cannot be changed unless agreed to by the EDC committee; Have access to the skills matrix for all employees and all areas on site; Provide information to employees through forums including toolbox/start-up meetings.
Training Coordinator Responsibilities The person responsible for training will be expected to coordinate all training activities in line with this document.
Persons responsible for training coordination at a site, should meet all the competency requirements of the Certificate IV in Assessment and Workplace Training and should: Record & maintain employee competencies;
Monitor competency gaps at identified classification levels;
Participate in professional development activities;
Provide information on specific matters relating to career development;
Liaise with community groups and related networks in the provision of vocational, community and industry development programs;
Provide mentoring and facilitation services to work teams as required;
Be responsible for recording meeting minutes;
Ensure site compliance to RTO requirements;
Ensure that the computerised training system is current and contains up-to-date information on training carried out by employees;
That all records in the computerised training system are archived and retrievable for a period of 30 years;
Administer Company and committee policy and plans;
In conjunction with the Employee Development Committee, determine the agenda for meetings, which should include an item 'Opportunities for Improvement';
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Maintain the document list for all training documents;
Coordinate all activities relating to the identification, implementation and recording of the competency based matrix.
Communication of Site Training Communication of the site training plan to employees will be the joint responsibility of the site Training Coordinator and the members of the Employee Development Committee. How best site training is to be communicated to the employees will be determined by the Employee Development Committee.
An agenda item titled 'Training In other Simplot Regions' should be included in the Employee Development Committee meetings. A report and a copy of the site training plan (when available) is presented by the site Training Coordinator.
A list of competencies and working guides for those competencies will be provided to the Operations Training Group by the Operations Employee Development Manager.
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COMPETENCY BASED CLASSIFICATION STRUCTURE Site Competency Based Classification Structure (Food) The following defines the competency classification framework for each plant and relates specifically to Food Production personnel. Skills required to be used at the site are matched with relevant nationally endorsed industry competency standards. These are then used to develop job profiles.
Award % of F4 Job Profiles Australian Key competencies and selection criteria. Qualifications Framework
F7 115 Positions at these levels are generally held by salaried plant personnel.
F6 110 These positions can only be offered if a job exists at these 4 given levels
F5 105 Level 5 These are specialised roles offered at the Site Manager’s discretion. F4 100 Level 4 3
F3 92.4 Level 3 2
F2 87.4 Level 2 1
F1B 82 Level 1
F1A 78 Inductee
The primary focus is demonstration of competence. Provided all necessary conditions are met, certificates may be awarded to an employee.
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COMPETENCY BASED CLASSIFICATION STRUCTURE – FOOD The following defines the new competency based classification framework for each plant in effect from 1st March 2012 and relates specifically to Food Production personnel. All Food Production employees will transition to this new classification structure from 1st March 2012 based on the competencies required to be used in their employment. Skills required to be used at the site are matched with relevant nationally endorsed industry competency standards. This process will be overseen by the relevant site EDC and may require the assistance of an agreed RTO.
Award Level % of F4 Job Profiles Australian Key competencies and selection criteria. Qualification s Framework
Level 8 115 Positions at these levels are generally held by salaried plant Cert 4 personnel.
Level 7 110 These positions can only be offered if a job exists at these given levels which requires additional competencies above Level 6
Level 6 105 Level 6 (F5) These are specialised roles offered at the Site Manager’s discretion. which require additional competencies above those required for Cert 3 Level 5 100 Remainder Leadership / Accountability Cert 3 competencies to achieve Cert 3 (F4)
Level 4b 97.46 Cert 2 plus 2 monitoring competencies toward Cert 3
Level 4a 94.93 Cert 2 plus 2 systems technical competencies toward Cert 3 Level 4 92.4 Completed remainder Optional competencies to Cert 2 achieve Cert 2 (F3)
Level 3b 90.73 Cert 1 Plus 4 systems Competencies
Level 3a 89.1 Cert 1 Plus 4 Technical competencies Level 3 87.4 Level 3 Cert 1 (F2)
Level 2 82 Level 2 (F1B)
Level 1 78 Inductee – (38 hours) (F1A)
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Maintenance Personnel Classification Matrix The following defines the positions required in the Metals classification structure at each production centre. It is based on the Manufacturing and Associated Industries and Occupations Award 2010 and so relates specifically to Metals Personnel:
C10% wage Minimum Training Award Core Units/Points Specialised Units/Points relativity requirement C5 Diploma of Engineering C10 Core+ #12025A (2 points) AQF III/C10 +44 band A or #16009A (2 points) band B #16011A (2 points) (maximum 24 band A) #16012A (4 points) 130% #16014A (2 points) #30012A (4 points)
(#=core units required for Diploma) C6 C10 + 80% towards a Diploma of Engineering— C10 +48 band A or band B 125% Advanced Trade, or (maximum 24 band A) equivalent.
C7 Cert IV in Engineering, or C10 + 60% towards a C10 +36 band A or band B 115% Diploma of Engineering, or (maximum 24 band A) equivalent.
C8 C10 + 40% towards a Diploma of Engineering, or C10 + 24 band A or band B equivalent, or 40% towards an Advanced Diploma of 110% Engineering, or 60% towards a Diploma of Engineering— Technical, or equivalent
C9 C10 + 20% towards a C10 + 12 band A or band B 105% Diploma of Engineering or equivalent Totalling 108 points C10 Recognised Trade C11 core+ Certificate, or Cert. III in 12024A (3 points) +73 band A Engineering—Mechanical 14005A (4 points) 100% Trade, Fabrication Trade, or 16008A (2 points) Totalling 96 points Electrical/Electronic Trade, MSAENV272AB (3 Points) or equivalent C11 92.4% EPC II, or Cert. II in Eng’g— C12 core+
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Production Technology, or 12023A (5 points) +50 band A Cert. II in Sampling and 16006A (2 points) Measurement, or equivalent 17003A (2 points) Totalling 64 points C12 EPC I or Cert. II in Eng’g, or 13014A (0 points) equivalent 14004A (0 points) +30 Band A 87.4% 15002A (2 points) 15024A (0 points) Totalling 32 points 16007A (0 points) C13 Up to 3 months structured 82% training C14 Up to 38hour’s induction 78% training
Should a site employ a trades person at a classification higher than C5 then every effort should be made to ensure that these employees are appropriately qualified and will use the required competencies in the workplace. Paid rates for dual trade employees should be as defined in the Award for dual trade employees plus the site over award component.
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IMPLEMENTING CLASSIFICATION STRUCTURES Food Processing Implementation Procedure Guidelines
The implementation of national competency standards is to recognise the skills the employee has and uses. Where an employee is working in different areas of the site, the skills used should also be recognised. It is in both the Company's and the employee's interest to foster multi-skilling within the workplace. In addition to the General guidelines for Implementation below, there are specific agreed processes for Implementation of Competency based Classification at each of the sites (with the exception of Kelso which has primarily concluded implementation and has used the Bathurst process) included in this Appendix. In order to avoid doubt, should there be any inconsistency, the agreed site implementation process will apply.
Step 1: EDC Committee
On agreement to implement competency standards, a site implementation committee should be established to oversee the implementation of the competency standards process. A selection of elected and nominated employee representatives and management representatives from the committee. The coverage of the committee/s and the number of representatives from the employee and management are dependent on the size and operational structure of the enterprise. As the basis for agreement is consensus, these committees need not necessarily be proportional in representation.
The role of the committee is to oversee and monitor the implementation process and assist in communicating information to their respective parties.
The ongoing management of training for the site is to be managed by the site Employee Development Committee as indicated in this document (Employee Development Committee’s Role p.5).
Step 2: Communications
All members of the EDC participate in a training program to communicate all aspects of the implementation process. The training would be held over at least a two-day period and would allow ample opportunity to discuss key aspects of the implementation process, impact on the future for the plant/site, employee expectations, Qualification Framework, job model timelines, etc. The Training will be facilitated by the site HR or Training Manager, union representative from the OTG and NFI.
Step 3: Site Briefings
Site wide briefings outlining the key aspects of the implementation process will take place. The site HR or Training Manager, union representative from the OTG and NFI would conduct these briefings. The employees to clarify any aspects of the briefings can call upon members of the EDC at any time.
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Step 4: Job Modelling
The Job Model process consists of two phases. Firstly, determine the type and nature of the work organisation structure. The site EDC, in consultation with area personnel and supervisors would determine the most appropriate work organisation for the area work requirements. The work organisation would then be scoped so as to identify things such as responsibility, area of work reporting relationships, etc.
The second phase of the Job Model process is to identify and record all key tasks associated with the job scope. All relevant work instructions, processes, RISK related procedures (ISO 9000, safe-work, HACCP) and company policy are considered to determine the tasks. Relevant site expertise (Quality Assurance, Engineering, Health and Safety personnel) should be consulted during this investigation.
Completed draft Job Models are then presented to the parties for validation. To assist in the validation process, all functions and tasks are expressed in the language of the site. The outcome of this process is presented in a written report. The Site Training Coordinator in conjunction with NFI will manage this process.
The outcome of this stage is a comprehensive task profile for each job model.
Step 5: Endorsement of Job Models
Copies of the Job Models are made available to the site management and relevant employees for their validation. Where consensus for endorsement is not forthcoming the Implementation Committee would revert to Stage 4 and review their work based on the feedback received.
Step 6: Development of Skill Profiles - Matching Competencies
Agreed job model tasks are then matched with relevant nationally endorsed industry competency standards. The Site Training Coordinator in conjunction with NFI will manage this process.
Step 7: Validation of Skill Profiles
Completed skill profiles for each job model are validated by the EDC.
Step 8: Assessment
All employees are assessed against the competencies relevant to their work. All prior learning acquired on or off the job and relevant qualification will be given due consideration and recognised during this process. The assessment process is overseen by the EDC in consultation with the site Training Co-ordinator and the RTO. Assessments and all recording of assessment results must be undertaken and conform to the RTO requirements and the National Food Industry Training Council Ltd (NFITC) "Assessment Framework for the Food and Beverage Processing Industry" document. ______Page 92
Step 9: Re-classification
Once you have completed your assessment and it is agreed that you hold and use those competencies and if your mix of competencies entitles you to be classified at a higher level, then the paper work will be completed, the pay office will be notified and you will be paid the appropriate rate by your next pay period. Where employees are to be reclassified as a result of their assessment, site management will undertake this process. Existing classification levels will be honoured where they have been established, providing the employee is competent, willing and required to perform the determined applications for that level.
Where it is agreed that you hold, but do not use the competency, you will not be paid for that competency.
Employees can’t be given credit for part of a competency. If an employee doesn’t meet all the requirements of a competency and it’s decided by the Company that he/she is required to use a competency, then the employee will be given that competency provided they agree to backfill the remaining requirements by the agreed time.
Should an employee choose not to work at a classification level for which they are currently paid or be trained up to the site agreed classification level, then all issues relating to pay adjustments are to be resolved at a site level.
Step 10: Project Completion
Once Implementation is completed the Site Employee Development Committee will be responsible for ongoing training management. All employee and job information is recorded.
Step 11: Career Path Access and Availability
Career opportunities across business disciplines will be made available on a national basis, however these must depend on the needs of the plant and the company. In determining career path opportunities the company (management) in consultation with the Site Employee Development Committee will consider the following: Skills required, Operation, Budgetary constraints, Time lines, etc.
Step 12: Career Counselling
The company seeks to ensure that all employees meet the competency requirements of their classification and where practicable, have access to training opportunities in other classifications or job functions.
All employees seeking to further their training may do so in accordance with the site training plan and budget.
Employees may negotiate individual training plans with their Supervisor, Site Manager, Site Training Manager or the Regional/Site HR Manager. The training needs of all other employees not seeking to ______Page 93 further their study outside those required by the site, are recorded and managed by the relevant site administrator.
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SIMPLOT BATHURST IMPLEMENTATION PROCESS - EMPLOYEE DEVELOPMENT COMMITTEE (FOOD) 08/11/2010 Process for Achieving Formal Recognition of Competencies
Phase 1
1) Engage the National Food Institute to conduct a recognition process, formally recognising competencies held and used by each full-time food employee and to operate as the site RTO during this process. 2) In consultation with the National Food Institute, an agreed timeframe for each step in the process documented below will be confirmed by the EDC and inserted into this process. 3) The National Food Institute to provide training for the Committee members on the competency-based system and basic assessment procedures and techniques; and will also provide assistance to the Committee in reviewing and, if necessary, updating the list of all competencies currently applying to the Bathurst site using the 2004 competency book/site skills matrix as the starting point. 4) A summary report containing a comprehensive list of the current Classification levels of each full time employee and containing all of their formally recognised competencies, plus any available records of on-site training and/or assessment which has been informally recognised, will be provided by the company to all Committee members. Each individual employee will also be provided with their own record and invited to provide input to the EDC on any perceived errors or omissions. 5) Recognition phase will involve the National Food Institute collating and examining a range of evidence as required by the National Food Institute, e.g. previous self-assessment documents; Statements of Attainment; records of any on-the-job training and/or assessment. The EDC will assist where required. 6) National Food Institute will assess employees using the required evidence and provide formal recognition and/or identify gaps in full competencies; identify gaps in competencies required for the employee’s current AQF Classification level; identify where employees are using competencies above their current Classification levels and in those cases, identify the gap to the next Classification level. This information will be provided to the EDC and each individual employee will receive a copy of their own results. 7) Any disputes or appeals will be initially dealt with through the EDC in accordance with the agreed
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process and if they are unable to be resolved will be dealt with through the normal industrial disputes mechanism as per the NCA and the Deed.
PROPOSAL – PHASE 2
a) Employee Development Committee will formulate an agreed training plan to fill any gaps to ensure that each individual employee will hold an AQF certificate to reflect their current classification. This plan will contain an agreed timetable and be provided to the OTG. Timetables will not be changed without the agreement of the EDC.
b) Training will be provided by the National Food Institute where required in accordance with the agreed timetable and competencies formally recognised. Regular progress reports will be provided to the EDC.
c) The EDC will formulate an agreed training plan to ensure that any employees who are being required by the company to use competencies above their current classification level which would result in achieving a higher classification and AQF level, are trained to the appropriate AQF level and hold the appropriate certification.
d) Training will be provided by the National Food Institute where required in accordance with the agreed timetable and competencies formally recognised. Regular progress reports will be provided to the EDC.
e) Employee Development Committee will formulate an agreed training plan to ensure that ongoing training of current and new full time employees continues in the proper manner.
f) Ongoing training will be provided by an RTO, selected in accordance with the terms of the NCA, currently NFI, with an agreed timetable and competencies formally recognised. Regular progress reports will be provided to the EDC.
g) The EDC will also formulate an agreed plan for the systematic training of Seasonal and Casual employees to the required levels.
h) Employee Development committee will meet on a regular basis to carry out the role allocated under the terms of the NCA. Employee representatives will be given access to the appropriate time and resources to enable them to carry out their role on the EDC.
i) All individual employees have the right to apply for reclassification at any time, should they believe they are using competencies above those required for their current classification level. ______Page 96 j) All applications for reclassification after this process will be reviewed by the Employee Development Committee and referred to an RTO selected in accordance with the NCA, currently NFI, for competency assessment where necessary. Any disputes over reclassification will be dealt with initially through the EDC appeals mechanism, or if not resolved there, will be referred to the OTG and then the normal industrial disputes mechanism as per the NCA and the Deed.
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SIMPLOT ULVERSTONE IMPLEMENTATION PROCESS - EMPLOYEE DEVELOPMENT COMMITTEE Process for Implementing CBT and Achieving Formal Recognition of Competencies 20th December 2010 1) Engage an RTO in accordance with the NCA to provide advice and assistance as needed throughout this implementation process and to conduct a recognition process, formally recognising competencies held and used by each full time “food” employee and to operate as the site RTO during this process.
2) In consultation with the RTO an agreed timeframe for each step in the process documented below will be confirmed by the Employee Development Committee (EDC) and inserted into this process.
3) The RTO to provide training for the Committee members on the competency-based system and basic assessment procedures and techniques.
4) The RTO will assist the EDC to agree the most thorough and efficient method to research and formulate the job models for the site and will assist with the process agreed by the EDC.
5) The RTO will also provide assistance to the Committee in matching the job models to the Food Industry package and formulating the list of all competencies currently applying to the Ulverstone site (the site Skills Matrix).
6) A summary report containing a comprehensive list of the current Classification levels of each full time employee and containing all of their formally recognised competencies plus any available records of on-site training and or assessment which has been informally recognised will be provided by the company to all Committee members. Each individual employee will also be provided with their own record and invited to provide input to the EDC on any perceived errors or omissions.
7) All employees will be given a copy of the skills profile for the site in a format similar to the 2004 booklets provided to the other sites and be asked to self assess the competencies they hold and use against the list of agreed competencies for their broad work area – Field services, QC, production, packaging or any combination of these if they work in more than one area.
8) The employee self-assessment will be reviewed by their Team Leader for endorsement or further discussion with the employee. Any disputed competencies will be referred to the EDC. The RTO will provide advice on any disputed competencies.
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9) Recognition phase will involve the RTO collating and examining a range of evidence as required by the RTO, e.g. all self-assessment documents; Statements of Attainment; records of any on-the-job training and/or assessment. The EDC will assist where required.
10) The RTO will assess employees using the required evidence and provide formal recognition and/or identify gaps in full competencies; identify gaps in competencies required for the employees current AQF Classification level; identify where employees are using competencies above their current Classification levels and in those cases, identify the gap to the next Classification level. This information will be provided to the EDC and each individual employee will receive a copy of their own results.
11) Any disputes or appeals will be initially dealt with through the EDC in accordance with the agreed process and if they are unable to be resolved will be dealt with through the normal industrial disputes mechanism as per the NCA and the Deed.
12) The EDC will formulate an agreed training plan to fill any gaps to ensure that each individual employee will hold an AQF certificate to reflect their current classification. This plan will contain an agreed timetable and be provided to the OTG. Timetables will not be changed without the agreement of the EDC.
13) The EDC will formulate an agreed training plan to ensure that any employees, who are being required by the company to use competencies above their current classification level which would result in achieving a higher classification and AQF level, are trained to the appropriate AQF level and hold the appropriate certification.
14) Training in respect of the competencies in Clauses 12 and 13 will be provided or overseen by the RTO where required in accordance with the agreed timetable and competencies will be formally recognised. Regular progress reports will be provided to the EDC.
POST-IMPLEMENTATION
15) The EDC will formulate an agreed training plan to ensure that ongoing training of current and new full time employees continues in the proper manner.
16) Ongoing training in respect of the competencies will be provided or overseen by an RTO, selected in accordance with the terms of the NCA, with an agreed timetable and competencies formally recognised. Regular progress reports will be provided to the EDC.
17) The EDC will also formulate an agreed plan for the assessment and systematic training of Seasonal
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and Casual employees to the required levels.
18) The EDC will meet on a regular basis to carry out the role allocated under the terms of the NCA. Employee representatives will be given access to the appropriate time and resources to enable them to carry out their role on the EDC.
19) All individual employees have the right to apply for reclassification at any time, should they believe they are using competencies above those required for their current classification level.
20) All applications for reclassification will be reviewed by the EDC and referred to an RTO selected in accordance with the NCA, for competency assessment where necessary. Any disputes over re- classification will be dealt with initially through the EDC appeals mechanism, or if not resolved there will be referred to the OTG and then the normal industrial disputes mechanism as per the NCA and the Deed.
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SIMPLOT DEVONPORT IMPLEMENTATION PROCESS – EDC (Food)
Process for Implementing CBT and Achieving Formal Recognition of Competencies – 20th December 2010
1) Engage an RTO in accordance with the NCA to provide advice and assistance as needed throughout this implementation process and to conduct a recognition process, formally recognising competencies held and used by each full time “food” employee and to operate as the site RTO during this process.
2) In consultation with the RTO, an agreed timeframe for each step in the process documented below will be confirmed by the Employee Development Committee (EDC) and inserted into this process.
3) The RTO to provide training for the Committee members on the competency-based system and basic assessment procedures and techniques.
4) The RTO will provide assistance to the Committee in matching the job models to the Food Industry package and to update the list of all competencies currently applying to the Devonport site using the 2004 competency book/site skills matrix as the starting point.
5) A summary report containing a comprehensive list of the current Classification levels of each full time employee and containing all of their formally recognised competencies plus any available records of on-site training and or assessment which has been informally recognized will be provided by the company to all Committee members. Each individual employee will also be provided with their own record and invited to provide input to the EDC on any perceived errors or omissions.
6) All employees will be given a copy of the updated 2004 skills profile for the site and be asked to self assess the competencies they hold and use against the list of agreed competencies for their broad area of work – QC; production, packing, warehousing or any combination of these if they work in more than one area.
7) The employee self-assessment will be reviewed by their Team Leader for endorsement or further discussion with the employee. Any disputed competencies will be referred to the EDC. The RTO will provide advice on any disputed competencies.
8) Recognition phase will involve the RTO collating and examining a range of evidence as required by the RTO, e.g. all self assessment documents; Statements of Attainment; records of any on-the-job training and/or assessment. The EDC will assist where required. ______Page 101
9) The RTO will assess employees using the required evidence and provide formal recognition and/ or identify gaps in full competencies; identify gaps in competencies required for the employees current AQF Classification level; identify where employees are using competencies above their current Classification levels and in those cases, identify the gap to the next Classification level. This information will be provided to the EDC and each individual employee will receive a copy of their own results.
10) Any disputes or appeals will be initially dealt with through the EDC in accordance with the agreed process and if they are unable to be resolved will be dealt with through the normal industrial disputes mechanism as per the NCA and the Deed.
11) EDC will formulate an agreed training plan to fill any gaps to ensure that each individual employee will hold an AQF certificate to reflect their current classification. This plan will contain an agreed timetable and be provided to the OTG. Timetables will not be changed without the agreement of the EDC.
12) The EDC will formulate an agreed training plan to ensure that any employees who are being required by the company to use competencies above their current classification level which would result in achieving a higher classification and AQF level, are trained to the appropriate AQF level and hold the appropriate certification.
13) Training in respect of the competencies in Clauses 11 and 12 will be provided or overseen by the RTO where required in accordance with the agreed timetable and competencies will be formally recognised. Regular progress reports will be provided to the EDC.
POST-IMPLEMENTATION
14) The EDC will formulate an agreed training plan to ensure that ongoing training of current and new full time employees continues in the proper manner.
15) Ongoing training in respect of competencies will be provided or overseen by an RTO, selected in accordance with the terms of the NCA, with an agreed timetable and competencies will be formally recognised. Regular progress reports will be provided to the EDC.
16) The EDC will also formulate an agreed plan for the systematic training of Seasonal and Casual employees to the required levels.
17) The EDC will meet on a regular basis to carry out the role allocated under the terms of the NCA.
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Employee representatives will be given access to the appropriate time and resources to enable them to carry out their role on the EDC.
18) All individual employees have the right to apply for reclassification at any time, should they believe they are using competencies above those required for their current classification level.
19) All applications for reclassification after this process will be reviewed by the EDC and referred to an RTO selected in accordance with the NCA for competency assessment where necessary. Any disputes over reclassification will be dealt with initially through the EDC appeals mechanism, or if not resolved there, will be referred to the OTG and then the normal industrial disputes mechanism as per the NCA and the Deed.
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MAINTENANCE PERSONNEL
The following process is as outlined in National Metal and Engineering Competency Standard Implementation Guide, Chapter 4 Implementing the Competency Standards. However it has been further expanded to provide greater detail in some critical areas. For example; stages 3, 4 and 5 below occur within stage 3 of the Guide. A site Implementation Committee for the maintenance area should be established to oversee this process. The Committee may call upon the assistance of the AMWU and AiGroup, as industry parties to the Implementation Guide, and may also call upon MISTAS or RTO where information or assistance. where necessary.
Step 1: Consultation
Establish a committee with agreed representation.
MISTAS to train committee members on the National Metal and Engineering Competency Standards and their implementation.
Establish a timetable for the work.
Identify a process for validating the outcomes of each step with the workforce.
Step 2: Task Audit
Committee identifies all tasks currently performed and required by all Engineering personnel.
Step 3: Competency Matching
Committee matches all identified tasks and skills with National Metal and Engineering Competency Standards.
Step 4: Job Modelling
Committee determines job models and general position descriptions: Multi-skilled or Specialised or a combination of both.
Step 5: Grade Competencies.
Committee determines BASE and ADDITIONAL competencies.
Step 6: Skills Audit.
Committee identifies competencies held by individuals based on appropriate evidence.
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Committee utilises MISTAS where there is disagreement about whether an individual holds a particular competency or not.
Step 7: Implementation.
Based on RTO assessment, Committee assigns appropriate classification and provides individual training plans where required.
Should an employee choose not to work at a classification level for which they are currently paid or be trained up to the site agreed classification level, then all issues relating to pay adjustments are to be resolved at a site level.
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PRINCIPLES FOR COMPETENCY BASED CLASSIFICATION
The following policies relate to progression within and full implementation of the competency based classification structure for all Maintenance and Food Processing employees at each plant.
1) All new employees must participate and complete the site Induction program prior to the commencement of duties. 2) Casual employees need only do the site induction once, unless it is deemed necessary by site management that they complete the induction again. 3) New employees will be classified in accordance with relevant competencies held and used as a requirement of their assigned position. 4) Training up to and including F1B or C13 will be a condition of employment for all existing employees. 5) All training and assessment should be consistent with the appropriate nationally recognised Training Package and lead to an AQF qualification. 6) The Company encourages training in the Food Processing Certificate or relevant AQF program beyond Level F1B, however this will not be compulsory unless the training is necessary for the employee to complete their job. 7) All contract labour hire personnel (e.g. ‘Manpower’ or ‘Skilled’) must complete the site and work area induction program prior to commencing their duties. 8) The Company determines selection of new employees. A key criteria of the selection process will be alignment of competencies and skills held by applicants to the requirements of the position available. 9) Maintenance Trades Assistant training beyond C13 is not compulsory, unless they are participating in a New Apprenticeship or Traineeship scheme. 10) Extra training undertaken by Maintenance employees because of the need for additional prerequisite skills will not necessarily count towards further reclassification to an even higher classification level. 11) Company support can be given for training beyond the immediate training needs of the site, where such training is consistent with site “Training Plans” and agreed to by the site manager and employee. 12) Progression into a higher classification is to be based on the needs of the enterprise and/or skills used by an employee.
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13) The Level 5 (F4) -operator pay rate is to be based on the site C10 rate. Additional allowances built into this rate may not apply, e.g. “Tool Allowance”. 14) Employees can’t be given credit for part of a competency. If an employee doesn’t meet all the requirements of a competency and it’s decided by the Company that he/she is required to use a competency, then the employee will be given that competency provided they agree to backfill the remaining requirements by the agreed time. 15) Employees will not be left one competency short of a Certificate Level, an appropriate competency will be identified through the EDC and the employee will be provided with the required training 16) Under a competency based classification structure, the mixed functions clause is not required.
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DEVELOPING SITE OPERATIONS TRAINING PLANS The site Training Coordinator in consultation with the site Employee Development Committee is responsible for the development of the site-training plan. The plan will focus on bridging any existing training gaps identified as part of the implementation of the competency standards as well as other site training needs that are identified.
Step 1: Following the implementation of the competency based classification matrix, the Site Training Coordinator provides employees with a statement identifying competencies achieved and any outstanding competencies not yet achieved but required for their area/s of work.
Step 2: The Employee Development Committee and Training Coordinator collate, evaluate and prioritise required gap training taking in to account the implementation of the competencies and other site training requirements. Also taken into consideration will be any requests for training that may lead to career opportunities or site labour flexibility. Any additional training requirements, e.g. HACCP, ISO auditing, RISK related, & committee development programs should have been aligned with nationally accredited competencies and be included in the evaluation process.
Step 3: The Training Coordinator and the Employee Development Committee develop and prepare the training plan for the budgeted year.
Step 4: The endorsed training plan is presented to the site Management Team.
Step 5: Site endorsed plans become a component of the site budget proposal and submitted to the divisional EGM. Once approved, a copy is sent to the members of the Operations Training Group.
Step 6: In accordance with the site Training Plan the site Training Coordinator will implement approved and funded training. The site Training Coordinator and the Employee Development Committee will monitor all aspects of the training plan implementation and provide reports to the Regional or site Human Resources Manager and the National HR Operations Manager.
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INDIVIDUAL TRAINING ENTITLEMENT Definitions
The following is a set of definitions under which the provision of training will be applied:
Trade/Technical/Vocational Courses and programs consistent with the agreed training plan and approved by the Site Manager.
Ordinary Time Pay shall mean the employee’s ordinary time rate of pay without overtime pay and overtime related allowances.
Ordinary Time shall mean the employee’s rostered ordinary hours of work as prescribed by the Award or relevant Agreement.
Award shall mean the appropriate Award/Agreement or employment contract as varied from time to time.
Rostered Ordinary Shift shall mean a shift for which the employee concerned has had at least 48 hours’ notice.
Rostered Day Off shall mean the day upon which the employee is rostered off in accordance with the Award.
Approved courses are those which are consistent with the agreed training plan and if endorsed by the company (Regional or Site Human Resources Manager).
Where possible approved courses or modules should be nationally recognised for delivery as part of the AQF.
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ATTENDING APPROVED TRAINING COURSES Company Benefit Programs
These courses currently exist outside the site competency matrix and may include special Risk Management, General Management, Change and Diversity, Motivational, Attitudinal and competency maintenance programs. They are programs an employee undertakes in accordance with the agreed site training plan or at the special request of the company.
Wherever practicable, approved training courses shall be attended by employees during their ordinary time without loss of pay. For courses attended off-site, employees shall be entitled to the following; meals, accommodation, travelling time payments, both within and outside ordinary hours, fares, motor allowance, fees and administrative charges. Where such courses are conducted outside of ordinary hours, the Company shall pay the employee’s ordinary time rate of pay for 100% of the hours the employee spends in attendance at such training.
Mutual Benefit Programs
These are all training initiatives designed to deliver the training in the Nationally accredited competencies required within the site competency matrix in accordance with the site Training Plan. They could include competencies applying to Forklift Licences, First Aid Certificate, Hygiene and Sanitation or any other competency applying to the site.
Wherever practicable, competency based training should be carried out on the job during normal working hours, off-the-job competency based training shall be attended by employees on site during their ordinary time without loss of pay. For approved training courses attended off-site, employees shall be entitled to the following; meals, accommodation, travelling time payments, both within and outside ordinary hours, fares, motor allowance, fees and administrative charges. Where such courses are conducted outside of ordinary hours, the Company shall pay the employee’s ordinary time rate of pay for 100% of the hours the employee spends in attendance at such training.
Employee Benefit Programs
Although an employee may meet all the criteria for their classification, further study may be required to be awarded an AQF certificate. Training in competencies outside the site matrix may be undertaken at the employee’s discretion. They are delivered to attain competencies not immediately required by the company. Generally Employee Benefit Programs include: Undergraduate qualifications (Diplomas, Certificates, etc), Graduate Degrees and Post-Graduate Degrees.
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Attendance at such courses will be subject to the approval of the Regional Operations Manager and the EGM Corporate Human Resources. Participants at courses in this category shall be entitled to payment for course fees and administrative charges within the conditions of the Corporate Training and Development Policy.
Mutual Recognition
Simplot Australia Pty Limited will recognise the Australian Qualification Framework (AQF) qualifications and Statement of Attainment issued by any Registered Training Organisation (RTO) within Australia. In order to qualify for mutual recognition:
The original qualification or Statement of Attainment must be produced. The qualification or Statement of Attainment must contain a national provider number and incorporate the nationally Recognised Training logo. The module/s or unit names and codes must be identical to the nationally recognised module/s or unit names and codes.
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RCC AND ASSESSMENT PROCEDURE
Purpose
The purpose of this procedure is to describe the method an employee would use to access Assessment and recognition of competency in the Competency Based Career Structure at Simplot Australia Pty Ltd.
Scope
This procedure describes the policy applied throughout the Company where an employee is seeking to be assessed against the Competency Based Classification Structure for Simplot Australia Pty Ltd and in particular the agreed structure at each plant.
Related Documents National Food Industry Training Council Ltd (NFITC) "Assessment Framework for the Food and Beverage Processing Industry".
National Food Industry Training Council Ltd "Certificate in Food Processing Competency Standards".
Simplot Australia Pty Ltd “Operations Training Framework Policy”.
Recognition of Current Competencies (RCC)
All Recognition of Current Competencies activities must be consistent with the guidelines of the appropriate training packages and requirements of a Registered Training Organisation (RTO).
What is Recognition of Current Competencies (RCC)?
A form of assessment used to determine whether an employee has achieved, through formal learning or informal learning and experience the required competencies. RCC is a process that matches knowledge and/or skills to AQF Units of Competency contained in a Training Package.
Who can apply?
Any employee who believes they have the required skills and/or knowledge to gain the relevant Units of Competency needed in the workplace.
How does the RCC process work?
Evidence is presented by the employee to the Employee Development Committee/Delegate’s Committee. The Employee Development Committee/Delegates Committee refers this to the RTO. The RTO must take into account that the employee has actually demonstrated the learning outcome that is being claimed.
The evidence is then matched to the appropriate Units of competency.
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What is Evidence?
Evidence is the proof that the participant has attained the knowledge or skill. The employee will be required to provide one or more of the following examples of evidence:
. Self Assessment Form (Site based) . Examples of training in the workplace . Performance reports that relate to training or assessment . Observation . Courses or training programs relevant to the competencies completed successfully . Qualifications from previous employers . Substantiated Curriculum Vitae
How Do I apply?
RCC automatically forms part of the Implementation process at each site. Following Implementation, should any employee believe they have an entitlement for RCC for a competency that has not been allocated to them or as part of any new competencies applied then:
Step 1: Contact your Site Training Coordinator or EDC member to discuss.
Step 2: Provide a written outline of the competency for which you wish to receive RCC to your Site Training Coordinator or EDC member.
Step 3: Employee Development Committee will review and refer to RTO if the competency is required to be used.
Step 4: An interview will be arranged with the RTO to validate the evidence.
Step 5: You will be notified within three weeks of the interview and/or finalisation of your submitted evidence as to the outcome.
Step 6: If you wish to appeal the outcome of the assessment, you must do so within seven days of receiving notification of the outcome. The appeal will be dealt with through the site Employee Development Committee.
Any further challenges to the RCC process are to be addressed through the disputes resolution procedure.
Step 7: Once you have completed your assessment and it is agreed that you hold and use those competencies and if your mix of competencies entitles you to be classified at a higher level,
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then the paper work will be completed, the pay office will be notified and you will be paid the appropriate rate by your next pay period. Where employees are to be reclassified as a result of their assessment, site management will undertake this process.
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ASSESSMENT
Assessment activities must be conducted in accordance with the principles of this document. Furthermore the Nationally recognised and accredited standards must in no way be comprised.
All records of competency attainment and relevant forms are to be collected and centrally filed at each site. A computer software system capable of managing Competency Based Training is to be installed at each plant. The nominated Regional Manager or Site Training Coordinator will manage this. Records must also be kept by the nominated RTO.
Assessment Procedure
All formal Assessments must be carried out by a RTO in order to provide formal qualifications for Nationally accredited competencies applying to the site.
Request for Assessment 1) To access the assessment system the applicant must advise either their immediate Supervisor, Training Coordinator or Employee Development Committee member of their request, which should then be put in writing. 2) The completed application must be submitted to the Site Training Coordinator for processing by the Employee Development Committee. All applications for assessment must be considered. The EDC should: a) request the provision of any records and copies of relevant qualifications b) confirm with the applicant the standard/s against which the applicant will be assessed.
3) The Employee Development Committee and Site Training Coordinator will then refer to the RTO for assessment.
(This process should be complete in one month.)
The Assessment 1) The outcome of an assessment can only be either ‘Competent’ or ‘Not Yet Competent’. 2) The RTO will:
gather and record all evidence regarding the competency of the applicant against the nominated competencies.
make and record an assessment decision.
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arrange to conduct an assessment debriefing consultation with the applicant.
Assessment Debrief 1) The applicant may elect to be accompanied by another employee at this discussion. 2) The assessors must discuss the outcomes with the applicant in person. 3) Should the applicant refuse to accept the decision of the assessors they are entitled to the right of appeal 4) Should the assessment be favourable, then alterations should be made to the employees individual training plan, company training records and classification if necessary. 5) All records relating to competency assessment and training will be managed and stored by the plant Training Coordinator and/or Regional Human Resources Manager and the RTO.
Appeals Process 1) The applicant must lodge a formal appeal with the Training Coordinator for consideration by the EDC. 2) The outcome of a formal appeal will be documented and will typically be either:
appeal dismissed.
appeal upheld as the evidence demonstrates the applicant is competent.
appeal result is pending subject to advice from an alternative/independent assessor as to the applicant's competence. 3) All further challenges to the assessment process are addressed through the disputes resolution procedure.
Responsibilities
Applicant
Submit formal application to Plant Training Coordinator or EDC member.
Applicant’s Supervisor
Assist in the gathering of required competency data.
Release applicants from duties to attend organised meetings and make appropriate arrangements to minimise effect on production or to other employees.
Employee Development Committee
Process application for assessment and refer to RTO. ______Page 116
Confirm the standard/s against which the applicant will be assessed.
Re assign assessors in the event of an appeal.
RTO
Consult with applicant on assessment procedures.
Develop the assessment tools.
Carry out assessment.
Consult with applicant on assessment results.
Advise appropriate personnel with respect to the outcome of the assessment.
Plant Training Coordinator
On advice of assessment outcome, approve the statement of results, and any action taken, e.g. reclassification, training plan.
Ensures assessment activities do not compromise the competency standards, nominated in each particular assessment.
Oversee and assure the quality of all assessment activities in line with this document.
Maintain assessment, classification and training documents on personnel file.
Liaise with the Regional Operations Manager, Regional HR Manager and Operations Employee Development Manager should the assessment status be unresolved following an appeal.
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Training Review and Disputes Mechanism
Since all training must fall within the Principles and Guidelines of this document, it is essential that smooth plausible approaches are established for dispute resolution or program review. The following arrangement is recommended;
Problems with:
Delivery Quality Assessment Record keeping
Site Training Training Program Opportunity or Resources Coordinator Content Relevance
Employee Development
Committee
Union Delegate Regional HR
HR Operations
Standard Industrial Dispute
All grievances tabled and the appropriate action to be taken will be minuted. The grievances will not refer to specific persons, only the issue. This will form part of the Employee Development committee minutes. tes.
Definitions
COMPETENCY - The ability to perform a specified task or tasks to the level of performance expected in employment and outlined in the Nationally accredited competency.
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COMPETENCY STANDARD - The specification of a task or activity and its associated performance criteria to enable assessment of achievement to the nationally accredited standard.
NATIONAL COMPETENCY STANDARDS - Competency Standards established by an industry Skills Council and accredited by ANTA..
UNIT OF COMPETENCY - a clear statement of 'what is required of a person in a particular function'. A definition of a major skill area of an industry which relates to realistic workplace activities.
LEARNING OUTCOME - description of elements or outcomes expected of an employee in a particular area. This is described in the National Metal & Engineering Competency Standards as an 'Element'.
ASSESSMENT CRITERIA - statements which indicate the required level of performance so that assessment of achievement is possible. This is described in the National Metal & Engineering Competency Standards as 'Criteria'.
RECOGNITION OF CURRENT COMPETENCY (R.C.C) - a formal process of recognising the skills an employee already has against the learning outcomes. This also provides an opportunity to identify the training needs of people enabling better use of training resources.
EMPLOYEE DEVELOPMENT COMMITTEE - Provides support and guidance on employee assessment. The committee is made up of a broad representation of the site, including management, production employees, including Metal Trades representatives.
COUNSELLING - is a constructive activity to provide positive support and guidance. It assists the applicant to achieve success and develops an environment which will enable the applicant to achieve the required competence as efficiently and effectively as possible.
APPEALS - An applicant's request to review assessment procedure and or outcome.
ASSESSMENT - A judgement made against the specified assessment criteria of the nominated competency standard. The judgement must be based on some form of evidence.
Glossary of Acronyms
AMWU Australian Manufacturing Workers’ Union
MISTAS Manufacturing Industry Skills Training and Assessment Services
KPIs Key Performance Indicators
ISO International Standard Organisation
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HACCP Hazard Analysis and Critical Control Points
RTO Registered Training Organisation
ANTA Australian National Training Authority
RCC Recognition of Current Competencies
NFITC National Food Industry Training Council
OTG Operations Training Group
EDC Employee Development Committee
NFI National Food Institute
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APPENDIX 8: MAINTENANCE AND ENGINEERING CONTRACTOR AND LABOUR HIRE ARRANGEMENTS 1. DEFINITIONS Contractor means a person working under a contract for the provision of services
Core Maintenance Work means work primarily associated with maintaining production line equipment in sound operating condition.
Maintenance and engineering employee means an employee of the Company who:
this Agreement applies to; is performing work under this Agreement; and is covered by the Manufacturing and Associated Industries and Occupations Award 2010. Non-Core Maintenance Work means other maintenance activities, including Core Maintenance Work, that is non-urgent, infrequent, large or complex. For the purpose of providing a guide on what constitutes non–core maintenance work clause 2.2 (c)(iii) of this Appendix outlines an indicative (but not exhaustive) list of such activities.
Project Work means capital projects relating to the purchase, installation, commissioning of new plant, equipment and buildings or the upgrading of existing plant, equipment and buildings.
2. EXTERNAL PERSONNEL 2.1 GENERAL (a) Health and Safety The Company will ensure that External Personnel are trained in the occupational health and safety procedures at the relevant Company sites. (b) Review process A review process for non-permanent labour including External Personnel arrangements will take place annually at all sites through the site delegates committee, at a date to be determined on each site. 2.2 MAINTENANCE AND ENGINEERING (a) Scope and Application This Clause 2 only applies to work which is normally, or can be, carried out by Maintenance and Engineering Employees under this Agreement.
(b) Core Maintenance Work (i) Except for the circumstances outlined in this clause, the Company will directly employ workers to perform Core Maintenance Work during this Agreement. ______Page 121
(ii) Subject to the provisions of this clause 2, the Company may engage External Personnel to perform Core Maintenance Work in the following circumstances: 1. during periods of peak demand; 2. during planned machinery overhauls; 3. to cover any extended employee absences; or 4. where no available Maintenance and Engineering Employee has the skills or qualifications to perform the work required. (iii) During this Agreement External Personnel engaged to perform Core Maintenance Work will receive wages and conditions in accordance with or that are no less favourable than this Agreement. Should the Company wish to engage External Personnel to perform Core Maintenance Work in circumstances other than those in clause 2(b)(ii), it may only do so following genuine consultation with the site delegates committee and as far as practicable/possible, by agreement (such agreement not to be unreasonably withheld). (c) Non-Core Maintenance Work and Projects (i) The Company may engage External Personnel to perform Non-Core Maintenance Work and Project Work at its discretion. (ii) Prior to deciding to engage External Personnel to perform Non-Core Maintenance Work or Project Work, the Company will consider offering Maintenance and Engineering Employees Non-Core Maintenance Work or Project Work. In doing so, the Company will have regard to the following factors: 1. the skills and qualifications required to perform the Non-Core Maintenance Work or Project Work; 2. the impact it will have upon the performance of Core Maintenance Work; and 3. the cost efficiency of offering overtime or additional shifts to Maintenance and Engineering Employees. (iii) The following is an indicative list of Non-Core Maintenance Work which means other maintenance activities, including Core Maintenance Work, that is non-urgent, infrequent, large or complex:
capital and civil works fabrication structural steel work sheet metal work motor rewiring
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oil analysis (other than sampling) new wiring and lighting maintenance major PLC programming complex vibration and condition analysis plumbing and gas fitting crane operation high voltage work (other than permit, supervision and switching) specialist maintenance support by OEM (for example Bosch, Wexxar, CPS, and JBT including repairs and overhauls for AGVs, ABB Robots, Poly Compactors, Hydraulic Power Packs, SMI testing and tagging, non-specialised out of service rebuilds, non-specialised/certification required equipment calibration, transformer maintenance, boiler (other than routine checks, operation and minor maintenance), compressed air refrigeration (other than routine checks, operation and minor maintenance). Note the Bathurst refrigeration system at the date of this Agreement requires core maintenance other than for major works, waste water treatment (other than routine checks, operation and minor maintenance) cooling tower service and support pressure vessel inspection and certification building maintenance work such as painting, cleaning, grounds maintenance, joinery and carpentry machining (other than breakdowns and minor improvements) pump overhauls motor and gearbox rebuilds
(d) New Technology (i) Upon the introduction of new technology, equipment change or work methods, Maintenance and Engineering Employees will be offered the opportunity to undertake training where it is available to enable them to: 1. understand the new technology, equipment change or work methods; and 2. maintain any new equipment. (ii) Where appropriate training is not available, the Company will discuss this with affected Maintenance and Engineering Employees.
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MANNING LEVELS
The Company will keep the permanent maintenance workforce levels sufficient to cope with regular maintenance programs and normal breakdown situations.
Where a review of these numbers becomes necessary, such review will be undertaken within the consultative arrangement contained in Clause 12 of this Agreement.
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APPENDIX 9: FITNESS FOR WORK DRUG AND ALCOHOL POLICY
Procedure Title: Fitness for Work Policy - Drugs and Alcohol
Procedure Classification: Fitness for work
Procedure Number: 3.17
1.0 PURPOSE
Provide responsible management of drug and alcohol issues in our workplaces; and, Ensure that those working on Simplot sites are fit for work and that safety is not inhibited by the use of drugs and/or alcohol.
2.0 APPLIES TO This procedure applies to all Company employees, contractors, labour hire employees, work experience students and visitors whilst working at or visiting Company sites or employees undertaking work on behalf of the Company at any non Simplot location.
3.0 DEFINITIONS This procedure applies to all Company employees, contractors, labour hire employees, work experience.
Term Definition
Company Simplot Australia Pty Ltd and Simplot Australia Research and Development Pty Ltd Drugs This includes medication and illicit drugs. Illicit drugs Illegal drugs EAP Employee Assistance Program provided by the Company
EGM Executive General Manager responsible for a specific division with the Company
This includes non prescription medication (sometimes called over the Legal medication counter medication) including those dispensed by a pharmacist and prescription medication (prescribed to the user)
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Term Definition
The Plant Manager (Production facilities), National Agricultural Services Responsible Manager Manager (Agricultural Services) or the Manager appointed by the Board of Management to have overall management of the site and/or department.
The following circumstances are deemed to be serious incidents: . Incident that has either caused serious injury or had the potential to cause serious injury Serious incidents . Incident involving mobile plant including forklifts, elevated work platforms and harvesters . Motor vehicle incidents where a person is required to seek medical assistance or where the incident had the potential to cause serious injury
Illegal medication Medication which are not legally available and/or prescription medication used by a person who they were not prescribed to.
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Referenced legislation
Commonwealth
Disability Discrimination Act 1992
Age Discrimination Act 2004
Australian Fair Work Act 2009
Australian Human Rights Commission Act 1986
Northern Territory Australian Capital Territory
Anti-Discrimination Act 1992 Discrimination Act 1991 OHS Legislation OHS Legislation
LegislatLegislationTasmania New South Wales
Anti-Discrimination Act 1998 Anti-Discrimination Act OHS Legislation OHS Legislation
Western Australia South Australia
Equal Opportunity Act 1984 Equal Opportunity Act 1984
OHS Legislation OHS Legislation
Queensland Victoria
Anti-Discrimination Act 1991 Equal Opportunity Act 1995
OHS Legislation OHS Legislation
4.0 PROCEDURE
Minimum requirements
The Company is committed to the provision of a safe workplace and a safe system of work for all people; employees, contractors, visitors and work experience personnel. As such the minimum requirements outlined in this procedure are:
The Company will provide information and training for employees and managers about effect of drugs and alcohol and the details of this procedure.
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All personnel have a responsibility to ensure they do not place the health and safety of themselves or others at risk by being affected by drugs and/or alcohol while at work. Any person working on site who is taking medication (prescription or otherwise) which may have an impact on their ability to undertake their work safely must notify their supervisor.
Company intervention will occur if there is a reasonable belief that a person’s ability to work safely may be impaired due to the use of alcohol or other drugs or if a person is found in the possession of illicit drugs or alcohol (unless within the exceptions outlined in 5.1.3)in the workplace. Appropriate external counselling services will be available to any person requiring such services and the confidentiality of such referrals shall be maintained at all times.
4.1 General The following outlines the Company’s standard with regard to drugs and alcohol.
4.1.1 Alcohol
The Company requires employees and contractors to be fit for work and as such not be impaired by alcohol whilst at work. Visitors who attend a site are not to be impaired by drugs or alcohol.
The Company requires employees, contractors and visitors whilst they are operating mobile plant (including forklifts and harvesters) and driving Company controlled commercial vehicles to have a blood alcohol content (BAC) reading of 0.0 at all times whilst undertaking those activities.
4.1.1 Drugs
The Company requires all employees, contractors and visitors to be fit for work and as such not be impaired by drugs.
4.1.2 Possession of drugs and/or alcohol on site In line with the Company requirement the possession or use of alcohol or drugs by individuals at the workplace is prohibited including:
i) at the workplace or away from the workplace whilst carrying out work for the Company; or ii) in Company vehicles.
Notwithstanding the above the following authorized exemptions apply:
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legal medication for personal use alcohol provided as a gift (not to be consumed) alcohol to be given as a gift alcohol stored in an employee’s personal car.
4.2 Use of Medication in the Workplace
All Company employees, labour hire employees, work experience students and contractors must inform their supervisor or manager if they are taking legal medication which may have an impact on their work performance. The Contractors’ Management representative must notify the appropriate Simplot Contract Manager of such cases.
Where an employee is not fit for work due to medication, the case will be managed in accordance with the non-work related injury and illness procedure.
4.3 Information and Training
At the introduction of this procedure, on a regular basis and at induction for new employees, an education programme is to be implemented for all company personnel outlining the safety and health hazards associated with the use of drugs and alcohol. The programme is to include the following elements:
The effects of drugs and alcohol on health, safety and work performance, The consequences for employees who fail to comply with the drug and alcohol procedure, and Employee’s responsibilities in relation to the use of medication.
The programme is to include the following elements:
What constitutes harmful alcohol use Dealing with the long term user and those intoxicated in one-off situations The long and short term effects of drugs and alcohol on fitness for work including health, safety and work performance The long and short term effects of drugs and alcohol on an individual’s health Workplace and personal lifestyle stressors that can contribute to alcohol use Personal stress reduction methods Ways of dealing with problem drinking Who to approach in the workplace for assistance with drug and alcohol problems The counselling, treatment and rehabilitation services available in the workplace and externally
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The consequences for employees who fail to comply with the drug and alcohol procedure, and Employee’s responsibilities in relation to the use of medication
At the introduction of this procedure, on a regular basis and at induction for new supervisors and managers, an education programme is to be implemented for all supervisors and managers outlining managers’ responsibilities in relation to this procedure. In particular training on how to identify impairment due to drugs and alcohol and the process to be followed where there is a suspected breach of the procedure.
Information on the procedure is to be included in the contractor induction programme.
4.4 Identification of Possible Drug and Alcohol Use
4.4.1 Identification of the potential issue and determination of fitness for work
Where a person suspects that another person may be affected by drugs or alcohol, they are to contact either the HR representative, the most senior Manager/Supervisor available or the OH&S Manager.
The respective manager will identify whether they believe the person is impaired, i.e. they are behaving in such a way that may be out of character or unsafe. Where practical the manager should undertake the observation in the presence of at least one other person (for example union delegate or OHS Representative). The Fitness for Work – observation record is to be used to assist in determining impairment. (See Appendix A)
Where the respective manager believes that the person may be impaired they are to discuss the observed behaviour with the individual. It should be noted that the person may be impaired due to other fitness for work issues, such as emotional distress, illness, fatigue, chemicals or heat. The individual will be notified that they have the right to request that an employee representative be an observer in the interview.
Where the manager does not believe the person is impaired or presents a safety hazard to themselves or others no further action will be taken.
Where, after discussion with the employee, the Manager still has a belief that the employee is impaired, the employee will be suspended on full pay until an investigation is completed. The Company will be responsible for ensuring the employee is able to return home safely by providing a taxi for the employee to travel directly home.
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Where the person involved is not a Simplot Australia employee, the Company will notify the employer and require the person’s employer to manage the situation. In these circumstances non Simplot employees will not be able to return to a Simplot site until the employee’s company has confirmed that the person is fit for work. The person’s employer will be responsible for ensuring the employee is able to return home safely.
4.4.2 Investigation
Where an employee has been suspended a detailed investigation into the circumstance is to be undertaken. This is to occur only after the immediate safety of the employee/s has been managed. This is to commence, at the latest, the following day. The investigation is to be conducted by the appropriate OHS Manager (or equivalent) or the appropriate HR Representative.
The purpose of the investigation is to establish the circumstances surrounding the impairment and to help in determining what, if any, action should be taken.
Results of Investigation
At the conclusion of any investigation the Company will determine and take a suitable course of action to manage the situation. In identifying the specific action to be taken the results of the investigation should be considered. The following actions should be considered:
providing counselling services commencing disciplinary processes in line with the employee counselling and discipline procedure assistance during a rehabilitation process. If the cause is shown not to be related to drugs or alcohol, the manager will use all available resources to address the issue including referral to the EAP or the OHS Committee.
The following is the procedure to be followed:
First Positive Assessment (no other positive assessment in 12 months)
An employee who has been assessed in accordance with this procedure as being affected by alcohol or other drugs must present to their Manager on the following work day to discuss:
The requirements of this procedure Risks to safety the behaviour creates Unacceptability of the behaviour The employee’s performance in relation to the adherence of this procedure will be monitored ______Page 131
Employee access to the EAP
The employee’s Manager will issue a written warning and explain to the employee, both verbally, and in writing that further breaches of this procedure will lead to a further disciplinary action.
Where the breach is associated with serious misconduct the employee will be terminated.
Second Positive Assessment (within 12 months of the first positive assessment)
An employee who has been assessed in accordance with this procedure as being affected by alcohol or other drugs must present to their Manager on the following work day to discuss:
The ongoing requirements of this procedure Risks to safety the behaviour creates Unacceptability of the behaviour
The fact that the level of their performance in relation to the adherence of this procedure will be monitored on a weekly basis Discuss if the employee has accessed the EAP.
The employee’s Manager will issue a written warning and explain to the employee, both verbally and in writing that further breaches of this procedure will lead to a further warning or termination.
Where the breach is associated with serious misconduct the employee will be terminated.
Third Positive Assessment (within 12 months of the first positive assessment)
An employee who has been assessed for the third time in a 12 month period, in accordance with this procedure, as being affected by alcohol or other drugs will have their employment terminated.
4.6 Transportation Home
Any employee who is assessed as being affected by alcohol or other drugs is not permitted on that day to commence or recommence work. In these circumstances the Company will pay all reasonable transportation costs incurred for the employee to be transported directly home.
4.7 Access to Accrued Sick Leave, Annual Leave and Long Service Leave
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Any employee who is assessed as being affected by alcohol or other drugs shall be permitted to access accrued leave entitlements for the period of time they are deemed unfit for duty. Where all leave entitlements have been utilised leave without pay may be accessed.
4.8 Non-Company Employee
Where the person involved is not a Simplot Australia employee, the respective employer will be required to demonstrate to the Company that ongoing action has been undertaken prior to the person returning to a Simplot Australia site. The Company reserves the right to suspend or terminate a contract if a breach of this procedure occurs.
The Company will ensure that this procedure is communicated to relevant contractors.
4.9 Possession of Illicit Drugs or Alcohol On-site
The possession or use of alcohol or illicit drugs at the workplace is prohibited (with the exceptions outlined in Section 5.1).
Simplot Employees
Employees caught in possession of illicit drugs or unauthorized alcohol on site will be subject to the Company disciplinary policy.
Authorised exemptions include alcohol provided for, or received as, gifts (remaining unopened).
Labour Hire, Contractor Employees and Visitors
Labour Hire, contractor employees and visitors caught in possession of illicit drugs or alcohol on site (unless exempted in accordance with the requirements this procedure) will be removed from site immediately and will not be permitted to return to the site.
4.10 Employee Assistance Programme (EAP) Company employees and their families are entitled to access the Company’s EAP at any time. Where an issue in relation to drugs or alcohol has arisen managers are to remind employees of the availability of the EAP.
The privacy of employees accessing EAP will be maintained at all times.
4.11 Employee Consultation T he Company’s employees and their union will be consulted during the development of this procedure, during any review of the procedure and before any variation to this procedure though the OHS committees and other consultative arrangements in place.
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4.11.1 Drug and Alcohol Testing This procedure does not include drug and alcohol testing, but the Company reserves the right to introduce it in the future. Before any testing is introduced this procedure will be updated and a full consultation process will occur.
4.12 Privacy Employees privacy is to be maintained at all time during the assessment, investigation and management of the situation. This includes ensuring that their confidentiality is maintained with respect to their personal information and undergoing the assessment. Only personnel who need to access this information to implement the requirements of this procedure are to have access to private information.
All counselling will remain confidential and the Company will not have access to either the files or any records of any consultations.
A breach of these privacy requirements will be seen to be a breach of this procedure and any breaches will be dealt with accordingly.
4.13 Dispute Resolution Any disputes relating to the application and/or the implementation of this procedure or actions arising out of this procedure shall be dealt with in accordance with the dispute resolution procedures outlines in the OHS legislation. Employees are entitled to be represented by an Employee Representative (including union delegate or official) at any stage during the process.
5.0 ACCOUNTABILITY AND PROCEDURE BREACH 5.1 Board of Management
The Board of Management acknowledge the Company’s obligation to maintain a safe work environment for all personnel.
The Board of Management will:
Maintain accountability of managers and supervisors for the safety of personnel under their control and ensure that managers and supervisors have received appropriate training to enable them to fulfill their responsibilities in relation to the management of drug and alcohol matters in the workplace. Ensure that appropriate resources are available to facilitate implementation of the Drugs and
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Alcohol Procedure. Where alcohol is provided at Company-sponsored and/or endorsed functions, encourage responsible use and serving of alcohol.
5.2 Managers and Supervisors Managers and Supervisors will: Ensure that this procedure is communicated Promote, follow and enforce this procedure
Respond promptly to notification of any incident involving drugs and/or alcohol in the workplace. Having identified that an individual requires assistance, follow the Company guideline for the management of any individual affected by drugs or alcohol. Take all reasonable steps to ensure their own safety and that of others if dealing with a person who is aggressive as a result of being affected by drugs or alcohol. Maintain confidentiality in relation to the management of individuals affected by drugs or alcohol. Maintain training and skills required to manage drugs and alcohol matters in the workplace. Assist in the rehabilitation of affected individuals. Involve police in any circumstance which involves possession of illicit drugs on site, or any incidence of violent behaviour which could pose a risk to the health and safety of personnel. 5.2.1 All employees All employees will: Take reasonable care for their own safety and that of others by not being affected by drugs or alcohol at work. Comply with all instructions from managers and supervisors that have been issued to protect either their own health and safety or that of others. Seek the assistance of Occupational Health and Safety personnel, Human Resources personnel or an appropriate external support agency should the need arise. Inform their immediate supervisor and Occupational Health staff if they are taking medication (prescription or otherwise) which may adversely affect their ability to operate safely (e.g. medication which may cause drowsiness). 5.2.2 Contractors, visitors and work experience personnel Contractors and their employees, visitors and work experience personnel are required to comply
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with the Company’s requirements in relation to drugs and alcohol in the workplace.
Any contractor, employee of a contractor, visitor or work experience person who attends any Company location while affected by drugs or alcohol shall be escorted from the premises. Any costs incurred with the regard to the taxi will be the responsibility of the contractor, visitor or work experience person. The principal contractor or the employer or sponsor of visitors and work experience personnel will be notified of the incident.
Individuals are responsible for meeting the requirements of this procedure and complying with the Company Code of Conduct.
This procedure will be enforced by relevant Managers and Supervisors who are responsible for their staff complying with it.
Failure by an employee to adhere to this procedure may result in disciplinary action or termination of employment in accordance with the Company Policy 3.16 – Employee Counselling and Termination of Employment.
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APPENDIX A: FITNESS FOR WORK – OBSERVATION RECORD
Introduction:
This will be an observed assessment conducted by Simplot Australia staff and used as a record to assess signs and symptoms to determine if there is reasonable suspicion that a person is impaired due to presence of drugs and/or alcohol.
An observation checklist shall be conducted routinely following a serious incident or accident or any incident where there are grounds for reasonable suspicion.
Tick box for type of test to be conducted:
□ Post Incident
□ “For Cause” (Reasonable suspicion)
Who may conduct an assessment?
A Manager/HR Manager/OHS Manager (or equivalent) employed by Simplot Australia and appropriately trained.
How will capacity be determined?
Assessors must complete the checklist below by placing a tick ( √ ) in the “Yes” or “No” column or N/A in the comments section if no unusual or significant signs are noticed.
Name of Employee:
Name of Observers:
Date of Observation:
Observation Record Yes No Comments
Breath/Clothing smell of alcohol □ □
Eyes are bloodshot or pupils dilated □ □
Attitude violent, aggressive, depressed, □ □ anxious or confused
Hallucinations or paranoid □ □
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Skin pale, sweaty hands □ □
Unable to concentrate and follow □ □ instructions
Vomiting or nausea □ □
Unable to walk a straight line/unbalanced □ □ or dizzy
Speech slurred, confused or fast □ □
Runny nose or sniffing □ □
Muscle twitching, scratching, tremors or □ □ grinding teeth
Dry mouth □ □
Additional Comments from Observation Record Conducted.
NB. Consideration to the given to signs and symptoms of fatigue and disclosure of prescribed medication.
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Signature of employee:
Signature of Observer:
Name and Signature of witness to observation:
Date of Observation:
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SIGNATORIES
For SIMPLOT AUSTRALIA PTY LIMITED: Signatory name: ______Signatory address: 2 Chifley Drive, Mentone, Victoria, 3194 Basis of signatory’s authority to sign the Agreement: ______Signature: ______Date: ______
For and on behalf of the employees: Organisation: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION Signatory name: ______Signatory address: ______Basis of signatory’s authority to sign the Agreement: The above organisation is a bargaining representative in accordance with Division 3 of Part 2-4 of the Fair Work Act 2009. Signature: ______Date: ______
For and on behalf of the employees: Organisation: COMMUNICATION, ELECTRICAL, ELECTRONIC, ENEGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA Signatory name: ______Signatory address: ______Basis of signatory’s authority to sign the Agreement: The above organisation is a bargaining representative in accordance with Division 3 of Part 2-4 of the Fair Work Act 2009. Signature: ______Date: ______
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