The Golden Egg Farms (Food Preservers) Agreement 2005

2005 WAIRC 01442

THE GOLDEN EGG FARMS’ (FOOD PRESERVERS) AGREEMENT 2005

AG 19 of 2005 2005 WAIRC 01442

SCHEDULE

1.- TITLE

This Agreement shall be known as The Golden Egg Farms’ (Food Preservers) Agreement 2005 and replaces The Golden Egg Farms (Food Preserver’s) Agreement 2004 subject to clause 6.

2.- ARRANGEMENT

CLAUSE NO. SUBJECT

1. Title 2. Arrangement 3. Agreement Objectives 4. Definitions 5. Scope 6. Date and Period of Operation 7. Commitments by Parties 8. Parties Bound 9. Relationship to Awards and Agreements 10. Technological Change and Restructuring 11. Settlement of Disputes 12. Employment Categories 13. Redundancy 14. Termination of Employment 15. Wages 16. Supported Wage System for Employees with Disabilities 17. Classification Structure 18. Payment of Wages 19. Higher or Lower Duties 20. Spread of Hours 21. Ordinary Hours of Work - Permanent Employees 22. Ordinary Hours of Work - Casual Employees 23. Roster 24. Overtime 25. Meal Breaks and Rest Periods 26. Annual Leave 27. Sick/Family Carers Leave 28. Bereavement Leave 29. Jury Service 30. Long Service Leave 31. Payout of Leave 32. Parental Leave 33. Emergency Service Leave 34. Military Service Leave 35. Leave Without Pay 36. Public Holidays 37. Health and Safety Procedures 2005 WAIRC 01442

38. Time and Wages Record 39. Stand Down 40. Signatories of Parties

Appendix 1 - Wages Schedule Appendix 2 - Supported Wage System for Employees with Disabilities

3.- AGREEMENT OBJECTIVES

The parties to this Agreement are committed in striving to achieve Golden Egg Farm’s vision which is:

To Excel In Satisfying Our Customers Needs For The Provision Of Quality Eggs And Egg Products.

(1) In achieving the corporate vision there are five primary values which shape the way the agency will operate. These are:

(a) Satisfying our customers.

(b) Continuous improvement in all our activities.

(c) Respect for people and their rights.

(d) Integrity in all our dealings.

(e) Providing conditions of service and other benefits to Employees which match or exceed community standards.

(2) To achieve the corporate vision the parties recognise the need to pursue the following supporting objectives:

(a) Operate in a commercial manner using best management and operating practices.

(b) Provide cost effective services.

(c) Maintain and enhance an equitable, safe and healthy work environment in which Employees’ personal contributions and growth are supported and encouraged.

(d) Achieve a satisfactory economic return to efficient producers.

(e) Meet all regulatory obligations. 2005 WAIRC 01442

(3) The parties are committed to the Employer being a quality organisation that will continually strive to improve business processes and performance. Enterprise bargaining has and will continue to assist by:

(a) Improving the quality of working life for all Employees.

(b) Facilitating an efficient improvement process by encouraging all Employees and management to identify and deal with real productivity barriers in a participative manner.

(c) Continuous improvement of all processes to achieve reduced cost, less waste and improve quality, technology, work organisation, customer service, delivery, timeliness, safety and training.

(d) All Employees actively supported by their respective supervisors contributing ideas for improvement of opportunities and assisting with their implementation and overcoming barriers to improvements.

(e) Encouraging and facilitating teamwork and team performance with the ultimate objective of achieving self managed work teams with effective leadership at all levels.

(f) Ensuring Employees are involved in making decisions that may affect them in their particular work areas.

(g) Employees and management having a strong focus on satisfying internal and external customer requirements.

(h) Employees co-operating with each other and other work teams.

(i) Employees collecting and using necessary data to improve organisational performance.

(j) Improving existing consultative processes.

(k) Developing the skills of Employees through the provision of appropriate training.

(l) Continuing and supporting the program of structural efficiency and workplace reform commenced in 1989.

4.- DEFINITIONS

(1) "Agreement” means Golden Egg Farms (Food Preservers) Agreement 2005.

(2) "Employee” means a person covered by this agreement.

(3) "Employer” means the West Coast Eggs Limited trading as Golden Egg Farms (GEF). 2005 WAIRC 01442

(4) “Factory Site” means that building housing the egg processing and grading plant.

(5) “Full Time Rate of Pay” means the rate of pay received for a full time permanent Employee.

(6) “Union” shall mean Food Preservers Union of Western Australia Union of Workers

(7) “Rostered Day Off” shall mean a day, from Monday, Wednesday or Friday inclusive, on which a full time Employee is not rostered to work ordinary hours. Note: Employees may be rostered for up to three (3) Wednesday’s in each agreement year.

(8) “Commission” means the Western Australian Industrial Relations Commission.

(9) Employees engaged in preparing staff meals and cleaning the cafeteria shall be classified as Grade 3.

5.- SCOPE

(1) This Agreement applies to all Employees of the Employer engaged in the classifications described in clause 17.

(2) On registration, this Agreement shall apply to approximately 43 Employees.

6.- DATE AND PERIOD OF OPERATION

(1) This Agreement will operate from the date of transition from The Western Australian Egg Marketing Board to West Coast Eggs Limited. (2) The parties to the Agreement agree to commence negotiations for a new Agreement six months prior to the expiry of this Agreement. (3) On the expiration of this Agreement, and in the absence of the registration of a subsequent industrial agreement, the provisions of this Agreement shall continue to operate unless cancelled by the parties. (4) This Agreement will expire on 1st August 2006.

7.- COMMITMENTS BY PARTIES

(1) The parties agree that there will be no extra claims for the life of this Agreement.

(2) Consistent with the Arbitrated Safety Net Adjustment Principle any future Safety Net Adjustments shall be absorbed to the extent of any equivalent amount in rates of pay paid pursuant to this Agreement. Future Safety Net Adjustments shall not increase the rates of pay prescribed in Clause 15 - Wages of this Agreement. 2005 WAIRC 01442

(3) It is a condition of this Agreement that the parties will not seek to use the terms contained herein as a precedent for other enterprise agreements.

8.- PARTIES BOUND

The parties to this Agreement are the Employer and the Union.

9.- RELATIONSHIP TO AWARDS AND AGREEMENTS

This Agreement shall take precedence over the Egg Processing Award 1978, with the exception of the following clauses: Clause 24.- General Conditions Clause 25.- Inspection by Union Clause 26.- Union Notice and Posting of Award Clause 28.- Training Leave Clause 29.- Trade Union Training Leave Clause 30.- Workplace Consultation

10.- TECHNOLOGICAL CHANGE AND RESTRUCTURING

(1) The Employer’ Duty to Notify

(a) Where the 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 shall notify the Employees who may be affected by the proposed changes and the Union.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the 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 the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

(2) The Employer’ Duty to Discuss Change

(a) The Employer shall discuss with the Employees affected and their Union inter alia, the introduction of the changes referred to above, the effects the changes are likely to have on Employees, measures to avert or mitigate the adverse effects of such changes on Employees and shall give prompt consideration to matters raised by the Employees and/or the Union in relation to the changes.

(b) The discussions shall commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to above.

(c) For the purposes of such discussions, the Employer shall provide in writing to the Employees concerned and the Union, all relevant information about the 2005 WAIRC 01442

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 the Employer shall not be required to disclose confidential information the disclosure of which would be detrimental to the Employer’s interests.

11.- SETTLEMENT OF DISPUTES

(1) The purpose of this procedure is to ensure that any disputes, questions, difficulties or grievances resolved as quickly as possible.

(a) Any dispute, question, difficulty or grievance should, in the first instance be discussed by the Employee/s affected and their immediate manager. (b) In the event that the dispute, question, difficulty or grievance remains unresolved, the Employee and an authorised official of the Union should discuss the issue with the next level of management. (c) In the event that the dispute, question, difficulty or grievance remains unresolved, an appropriate official of the Union should discuss the issue with the Chief Executive Officer to try to resolve the dispute, question, difficulty or grievance. (2) The parties are committed to the efficient resolution of disputes, questions, difficulties or grievances and will endeavour to ensure that a time limit of two days will apply to each of the steps outlined in subclauses (1) above. (3) While the steps outlined in subclauses (1) above are being followed, the parties undertake to continue work in accordance with the pre-dispute status quo. Neither party will be prejudiced in the outcome of the dispute as a result of the continuance of work pursuant to this clause. (4) The procedure may be used in connection with questions, disputes or difficulties arising under this Agreement, provided that no solution may be agreed which is contrary to any term of this Agreement.

(5) If the matter still remains unresolved following the above procedure, it may be referred by either party to the Commission for conciliation or arbitration provided that persons involved in the question, dispute or difficulty will confer amongst themselves and make reasonable attempts to resolve the question, dispute or difficulty before taking those matters to the Commission.

(6) This procedure shall not apply to health and safety issues, which shall be dealt with in accordance with the procedures set out in Clause 37.- Health and Safety Procedures.

12.- EMPLOYMENT CATEGORIES (1) Full Time Employees A full time Employee is a permanent Employee who is engaged to work an average of 38 ordinary hours per week over a four week cycle subject to the rostering provisions of this Agreement. (2) Part Time Employees 2005 WAIRC 01442

A part time Employee is a permanent Employee who is engaged to work between sixty (60) and one hundred and fifty-two (152) ordinary hours over a four week cycle subject to the rostering provisions of this Agreement.

Annual leave and sick leave entitlements for part time Employees shall be calculated on the basis of pro-rata entitlements of full time Employees. Where the number of ordinary hours of a part time Employee varies during an anniversary year (including an Employee who moves from full time to part time employment or vice versa) entitlements shall be calculated on the average number of ordinary hours worked during the anniversary year. (3) Casual Employee A casual Employee is an Employee engaged by the hour for up to six months with an option to nine months, however may be offered permanency after three months. (4) Trainees The provisions of the National Training Wage Award of the Australian Industrial Relations Commission shall apply to all trainees employed by the Employer (as varied from time to time).

13.- REDUNDANCY

13.1 Definitions 13.1.1 Business includes trade, process, business or occupation and includes part of any such business. 13.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour. 13.1.3 Small employer means an employer who employs fewer than 15 employees. 13.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 13.1.5 Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

 overtime;

 penalty rates;

 disability allowances;

 shift allowances;

 special rates;

 fares and travelling time allowances; 2005 WAIRC 01442

 bonuses; and

 any other ancillary payments of a like nature. 13.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

13.3 Severance pay 13.3.1 Severance pay - other than employees of a small employer An employee, other than an employee of a small employer as defined in R.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service Severance pay

Less than 1 year Nil

1 year and less than 2 years 4 weeks' pay*

2 years and less than 3 years 6 weeks' pay

4 years and less than 5 yeas 8 weeks' pay

10 years and over 12 weeks' pay

* Week's pay is defined in R.1. 13.3.2 Severance pay - employees of a small employer An employee of a small employer as defined in R.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: 2005 WAIRC 01442

Period of continuous service Severance pay

Less than 1 year Nil

1 year and less than 2 years 4 weeks' pay*

4 years and over 8 weeks' pay

* Week's pay is defined in R.1.

13.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date. 13.3.4 Continuity of service shall be calculated in the manner prescribed by clause [ ]. Provided that service prior to [ ] shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to R.3.2. 13.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004]. 13.4 Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause N - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice. 13.5 Alternative employment 13.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 13.5.2 This provision does not apply in circumstances involving transmission of business as set in R.7. 13.6 Job search entitlement 13.6.1 During the period of notice of termination given by the employer in accordance with N.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. 2005 WAIRC 01442

13.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 13.6.3 The job search entitlements under this subclause apply in lieu of the provisions of N.3. 13.7 Transmission of business 13.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: 13.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or 13.7.1(b) Where the employee rejects an offer of employment with the transmittee:

 · in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

 · which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. 13.7.2 The Commission may vary R.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case. 13.8 Employees exempted This clause does not apply to:

 employees terminated as a consequence of serious misconduct that justifies dismissal without notice;

 probationary employees;

 apprentices;

 trainees;

 employees engaged for a specific period of time or for a specified task or tasks; or

 casual employees. 13.9 Incapacity to pay The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers. 2005 WAIRC 01442

14.- TERMINATION OF EMPLOYMENT

(1) Permanent Employees

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

Period of Continuous Service Period of Notice

Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks

(b) Employees over 45 years of age with 2 or more years continuous service at the time of termination, shall receive an additional week's notice.

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

(d) Payment in lieu of notice shall be calculated using the Employee’s ordinary time weekly wage as prescribed by Clause 15 - Wages of this Agreement.

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

(f) The period of notice required for an Employee to terminate his or her employment shall be one weeks’ notice in writing.

(g) An Employee who fails to give the notice prescribed in subclause (1)(f) of this clause shall forfeit a sum equal to the required period of notice. Such monies may be withheld from monies due on termination.

(2) Casual Employees

The employment of a casual Employee may be terminated by the giving or receiving of 1 hour's notice.

15. - WAGES

(1) The wages as prescribed in Appendix 1 of this Agreement shall be paid to Employees, other than junior Employees, who will be paid the following percentage of Level 1 or the Minimum Adult Wage (as per the Egg Processing Award) which ever is the higher.

 Up to (and incl.) 16 years - 65% of Level 1/Minimum Adult Wage 2005 WAIRC 01442

 At 17 years - 75% of Level 1/Minimum Adult Wage  At 18 years - 90% of Level 1/Minimum Adult Wage  19 years and over - F1 Adult rate.

An initial salary/wage increase as per Appendix 1, shall be payable from the beginning of the first full pay period after Employees vote to accept this Agreement.

(2) Full Time and Part Time Employees

The ordinary time hourly rate of wage for full time and part time Employees shall be determined by dividing the appropriate full time ordinary time weekly rate of wage by 38.

(3) Casual Employees – Egg Processing Award

The ordinary time hourly rate of wage for a casual Employee shall be the part time rate of pay plus an additional loading of 20%. The 20% loading prescribed by this clause is in lieu of entitlements to sick/personal leave, annual, public holidays or other forms of leave.

16.- SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES

The conditions that will apply to Employees who because of the effects of a disability are eligible for a supported wage shall be those prescribed in Appendix 2 - Supported Wage System For Employees With Disabilities. 2005 WAIRC 01442

17.- CLASSIFICATION STRUCTURE

Food Processing Employee - Level F1 (Relativity 78%)

Employees who are recruited at this level perform simple routine duties, work under direct supervision and receive detailed instruction. Level F1 Employees exercise minimum judgement and are responsible for the quality of their own work within the scope of this level.

1.1 Typical Tasks

Indicative of the tasks an Employee at this level may perform are the following:

1.1.1 Undertaking induction training.

1.1.2 Performing a range of general labouring and cleaning duties.

1.2 Promotional Criteria

Employees remain at this level until such time as they have satisfactorily completed an induction program which enables them to meet the competency requirements of level F2. An induction program is conducted over a period of 3 months.

An induction program covers:-

1.2.1 Basic occupational health and safety.

1.2.2 Basic food hygiene requirements.

1.2.3 Conditions of employment.

1.2.4 Board policies/objectives.

1.2.5 Plant layout and material location.

1.2.6 Workplace training to meet the requirements of being able to competently perform work within the scope of a Food Processing Employee - Level F2.

Food Processing Employee - Level F2 (Relativity 84.4%)

Employees at this level perform a range of tasks and in so doing, work above and beyond the skills of an Employee at level F1 and to the level of their training:-

Work under direct supervision either individually or in a team environment.

Understand and undertake basic quality assurance procedures including the ability to recognise basic quality deviations and faults. 2005 WAIRC 01442

Communicate with team members in minimal decision making.

Exercise discretion within their level of skills and training.

2.1 Typical Tasks

Indicative of the tasks which an Employee at this level may perform are the following:-

2.1.1 Undertaking training to enable entry into level F3.

2.1.2 Apply basic food safety practices including Personal and Food hygiene and maintain a clean and orderly work area.

2.1.3 Manual packing of products to meet company standards.

2.1.4 Using manual handling equipment following OH &S and Food safety principles.

2.1.5. Stack and prepare for storage raw and finished products.

2.1.6. Stocktaking of raw and packaging material within the scope of training at level F2.

2.1.7 Identify basic machine faults and report to appropriate Employee.

2.1.8 Machine packaging of product within the scope of level F2 (would not include machine operation or adjustment.

2.1.9 Assembling products for customer orders applying safe handling practices and basic mathematical concepts.

2.1.10 Candling/cracking of product using automatic and semi-automatic machinery applying basic quality assurance principles (would not include machine operation or adjustment).

2.1.11 Packing, stacking and shrink wrapping of product using any fixed or mobile equipment as aids to the task (would not include machine operation or adjustment).

2.1.12 Assist communication in the workplace by maintaining basic production records.

2.1.13 Undertake cleaning of machinery at the end of day or shift. Clean-up eggs from on the floor, in accessible places, as required.

Employees may be promoted to level F3 when:-

2.2.1 They can competently carry out all tasks of a level F2 Employee.

2.2.2 A position becomes available and they are selected to fill the vacancy, 2005 WAIRC 01442

Employees at this level have completed training to enable the Employees to perform work within the scope of this level.

Employees at this level:-

Are responsible for the quality of their own work subject to routine supervision.

Work under supervision either individually or in a team environment.

Exercise discretion within their level of skills and training.

May coordinate small work teams of level 2 Employees.

3.1 Typical Skills

Indicative of the tasks which an Employee at this level may perform are the following:-

3.1.1 Undertake training to enable entry into level F4.

3.1.2 May be required to perform any of the duties of a lower level.

3.1.3 Use information technology (eg basic keyboard skills).

3.1.4. Implement the quality system (monitor quality of product to specifications).

3.1.5 Implement the Food Safety plan.

3.1.6 Implement OH&S principles.

3.1.7 Collect, present and apply routine workplace data (includes sampling products, recording test results and presenting results to appropriate personnel).

3.1.8 Participate in teams (including assisting supervisors in training of Employees at a lower level).

3.1.9 Conduct routine preventative maintenance (minor adjustments within the scope of this level).

3.1.10 Operate a mixing/blending process.

3.1.11 Drive forklift trucks (to license standard). 2005 WAIRC 01442

3.1.12 Undertake cleaning of machinery at the end of day or shift. Clean-up eggs from on the floor, in accessible places, as required.

3.2.1 They can competently carry out all tasks of a level 3 Employee.

3.2.2 A position becomes available and they are selected to fill the vacancy.

Employees at this level have completed training to enable the Employees to perform work within the scope of this level.

Employees at this level:-

Work from instructions and procedures.

Assist in the provision of on the job training.

Have good supervision and interpersonal skills.

Co-ordinate work in a team environment or work individually under general supervision.

Enter production information into the computer system.

4.1 Typical Tasks

4.1.2 Use information technology (eg intermediate keyboard skills).

4.1.3 Participate in teams (including supervising and allocating tasks to Employees at a lower level).

4.1.4 Operate a unit of production equipment within the scope of this Level.

4.1.5 Plan to meet work requirements.

4.1.6 Clean and sanitise equipment.

4.2.1 They can competently perform all the tasks of a level 4 Employee.

4.2.2 A position becomes available and they are selected to fill the vacancy.

Food Processing Employee - Level F5 2005 WAIRC 01442

(Relativity 100%)

Employees at this level have completed approved courses in the development of supervisory skills. For example; TAFE Supervision Certificate or equivalent.

Employees at this Level:-

Work from instructions and procedures.

Plan and deliver on and off the job training.

Are competent in the supervision of Employees.

Facilitate work in a team environment.

Enter production information into the computer system.

Exercise good interpersonal skills appropriate to this level.

Would be expected to organise and control the work output of a section.

5.1 Typical Tasks

5.1.2 Analyse and convey workplace information.

5.1.3 Monitor the implementation of OH&S.

5.1.4 Monitor the implementation of the quality system.

5.1.5 Monitor the implementation of the food safety plan.

5.1.6 Operate a production system.

5.1.7 Participate in a HACCP Team.

5.1.8 Diagnose and rectify equipment faults.

5.1.9 Undertake training to Category 1 level.

Food Processing Employee – Level 6 (Relativity 110%)

Employees at this level will be F5 level Employees who have substantial supervisory experience and training in the principles of HACCP. Employees at this level will be able to competently supervise the operation of the grading floor or boiled egg machine. 2005 WAIRC 01442

6.1 Typical Tasks

6.1.1 Level F6 Employees will supervise the operation of the grading floor or boiled egg room.

6.1.2 Will perform basic clerical duties associated with the operation of the grading floor.

6.1.3 Will perform QC checks when supervising the boiled egg room.

6.1.4 Will lead and motivate staff and direct staff in a responsible manner in order to achieve production goals.

6.1.5 Ensure a clean and tidy work area.

6.1.6 Undertake remedial action when required.

6.1.7 Provide prompt and friendly service to internal customers.

18.- PAYMENT OF WAGES

(1) The Employer shall pay Employees fortnightly by means of a credit transfer to a bank, building society or credit Union account in the name of the Employee as nominated by the Employee. The day that the credit transfer is credited to the Employee's account shall be deemed to be the date of payment.

(2) Payment shall be made within three working days from the last day of the pay period. The pay day shall not be changed except by agreement of the parties, provided that where the pay day falls on a Public Holiday, payment may be made on the next working day.

(3) An Employee who terminates employment or is dismissed shall be paid all wages due to the Employee by the Employer on the day of termination of employment by electronic transfer.

19.- HIGHER OR LOWER DUTIES

(1) Any Employee performing work for a day or more on duties carrying a higher prescribed rate of wage than that in which the Employee is engaged, shall be paid the higher wage for all of the time so employed.

(2) Any Employee who is temporarily required to perform duties carrying a lower prescribed rate of wage shall do so without any loss of pay.

(3) The Employer may direct any Employee to carry out such duties as are within the limits of an Employee's skill, competence and training. 2005 WAIRC 01442

20. - SPREAD OF HOURS

(1) Employees may be rostered to work ordinary hours of work on any day Monday to Friday between the hours of 5.00am and 8.00pm.

(2) Where a casual Employee accepts a contract of employment as a permanent Employee, after the registration of this Agreement, the Employee is considered a new Employee for the purposes of this Clause.

21.- ORDINARY HOURS OF WORK - PERMANENT EMPLOYEES

(1) The ordinary hours of work for a full time Employee shall be an average of thirty eight per week in a four week cycle, of not more than 19 days.

Provided that a full time Employee may agree in writing to work an average of 38 hours per week over a four week cycle of not more than 20 days. Such may only be made after 6 months full time employment, and may be terminated by the Employee by giving 4 weeks notice in writing to the Employer.

(2) A part time Employee is a permanent Employee who is engaged to work between sixty (60) and one hundred and fifty-two (152) ordinary hours over a four week cycle subject to the rostering provisions of this Agreement.

(3) (a) The maximum number of daily ordinary hours for which a permanent Employee engaged in the factory site may be rostered shall be nine, exclusive of unpaid breaks.

(b) Notwithstanding subclause 3(a) above, where a full time Employee engaged in the factory site is rostered to work only 18 days in a four week cycle, the maximum number of daily ordinary hours may be rostered shall be ten, exclusive of unpaid breaks.

(c) Notwithstanding subclause 3(a) above, where a full time Employee engaged in the factory site agrees to a roster to work only 16 days Monday through Thursday each week in a four week cycle, the maximum number of daily ordinary hours that may be rostered shall be nine and one half, exclusive of unpaid breaks.

(4) The minimum number of daily ordinary hours for which a full time and a part time Employee may be rostered shall be three consecutive hours.

(5) A minimum 10 hour break shall be provided between the completion of work on one day (including overtime) and the commencement of work on the following day.

If a ten hour break is not provided, payment at the rate of double time shall be made for all time worked until a ten hour break is provided. 2005 WAIRC 01442

(6) Notwithstanding subclause (5) above, a part-time Employee may agree to perform two periods of ordinary hours work on the same day, provided that:

(a) the Employee has requested in writing to perform such roster; or (b) there are unforseen urgent requirements.

Any dispute arising from the operation of this subclause shall be resolved through the Clause 11.- Settlement of Disputes.

(7) The maximum number of ordinary hours for which a full time Employee may be rostered in any week shall be 46.

The maximum number of ordinary hours for which a part time Employee may be rostered in any week shall be 38.

(8) Notwithstanding other provisions of this clause, an individual full time Employee may agree to “bank” up to 7 week day rostered days off.

Such “banked” week day rostered days off shall be worked as ordinary time, and the time worked shall be taken off on full pay at a time agreed between the Employee and their supervisor, or in conjunction with the next period of annual leave, which ever first occurs.

22.- ORDINARY HOURS OF WORK - CASUAL EMPLOYEES

(1) The maximum number of ordinary hours that a casual Employee may be engaged to perform in any week shall be 38.

(2) The maximum number of daily ordinary hours for which a casual Employee may be rostered shall be ten, exclusive of unpaid breaks.

(3) The minimum number of daily ordinary hours for which a casual Employee may be rostered shall be two hours.

(4) A minimum 10 hour break shall be provided between the completion of work on one day (including overtime) and the commencement of work on the following day.

If a ten hour break is not provided, payment at the rate of double time shall be made for all time worked until a ten hour break is provided.

(5) Notwithstanding subclause (4) above, an Employee may agree to perform two periods of ordinary hours work on the same day, provided that:

(a) the Employee has requested in writing to perform such roster; or (b) there are unforseen urgent requirements.

Any dispute arising from the operation of this paragraph shall be resolved through the Clause 11.- Settlement of Disputes. 2005 WAIRC 01442

23. - ROSTER

(1) A roster of the working hours of each full time and part time Employee employed on the factory site shall be exhibited in such place or places in the Employer, so as it may be conveniently and readily seen by each relevant group or groups of Employees.

(2) Such roster shall show the name of each Employee, the work area and the hours to be worked .

(3) Such rosters shall be drawn up in such a manner as to show the working hours of each Employee for at least two weeks in advance of the date of the roster, and may only be varied by seven days’ notice.

(4) Provided that in exceptional circumstances the Employer may vary a roster at shorter notice. Exceptional circumstances are circumstances of an urgent nature which are beyond the control of the Employer.

(5) Provided that a roster may be varied at any time by mutual consent between the Employee concerned and the Employer.

24.- OVERTIME

(1) All time worked by an Employee which is:

(a) In excess of 10 minutes of the daily maxima of ordinary hours as prescribed by Clause 21 .- Ordinary Hours of Work - Permanent Employees or Clause 22.- Ordinary Hours of Work - Casual Employees of this Agreement; or

(b) Either 10 minutes before an Employees rostered commencing time or 10 minutes after an Employees rostered ceasing time, except as provided by Subclause (3) of Clause 24; or

(c) On days on which the Employee is rostered off except as provided by paragraph (h) of subclause (2) of Clause 21.- Ordinary Hours of Work - Permanent Employees of this Agreement; or

(d) on Saturday or Sunday; or

(e) on a Public Holiday;

shall be overtime.

(2) (a) Except as provided by paragraph (b) below, all overtime worked by permanent Employees between 12.00 midnight Sunday to 12.00 noon Saturday inclusive shall be paid at the rate of 150% for the first two hours and 200% thereafter.

Overtime worked by a casual Employee shall be paid at the rate of 150% for the first two hours and 200% thereafter, calculated on the full time rate of pay. 2005 WAIRC 01442

(b) All overtime worked by a permanent Employee after 12.00 noon on Saturday or on a Sunday shall be paid at the rate of 200%.

Overtime worked after 12.00 noon on Saturday or on a Sunday by a casual Employee shall be paid at the rate of 200%, calculated on the full time rate of pay.

(c) All overtime worked by a permanent Employee on a public holiday shall be paid at the rate of 250%.

(d) Overtime worked on a public holiday by a casual Employee shall be paid at the rate of 250%, calculated on the full time rate of pay.

(e) The minimum payment for the first occasion on any day an Employee attends for overtime, where that overtime is worked as a separate attendance to ordinary time, shall be three hours.

(f) For the purpose of this clause, each period of overtime shall stand alone. Overtime shall be calculated on a daily or shift basis.

(g) Where an Employee is required to work a continuous period of overtime which extends past midnight into the succeeding day the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of overtime.

(3) Notwithstanding anything contained in this clause, the Employer and an Employee may agree that time off with pay may be allowed in lieu of payment for overtime. Such time off shall be allowed subject to -

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

(b) The time of taking time off being agreed at the time of arranging the overtime and must be no later than four weeks after the overtime is worked provided that if time off in lieu of overtime is not taken within four weeks it shall be paid out at the appropriate overtime rate.

(4) Where an Employee is required to work overtime for more than two hours, without being notified on the previous day or earlier that he/she will be so required to work, the Employee shall be provided with a meal by the Employer, or paid the rate prescribed for that meal as follows by either cash or EFT payment along with the Employee’s wages.

Breakfast $5.80 per meal Lunch $7.15 per meal Evening Meal $8.60 per meal 2005 WAIRC 01442

25.- MEAL BREAKS AND REST PERIODS

(1) Ordinary Hours Meal Breaks - Unpaid

(a) On every day that an Employee works more than five and a half ordinary hours, he or she shall be allowed a meal break of not less than 30 minutes and not more than one hour.

(b) Where an Employee is required for duty during any meal break whereby his/her meal time is postponed for more that one hour, he/she shall be paid at overtime rates until able to take the meal break.

(c) The Employer shall not schedule the meal break within two hours of commencement of work.

(2) Overtime Meal Breaks - Unpaid

(a) Where an Employee is required to continue working beyond his or her normal finishing time for more than two hours he or she shall be allowed an unpaid break for a meal of not less than 30 minutes.

(b) If the overtime continues beyond the meal break, an additional 30 minute unpaid meal break shall be allowed after each period of overtime of not more than 5 hours.

(3) The meal breaks prescribed by this clause shall be granted and taken in one continuous period.

(4) Employees will be rostered to take a morning rest break for a period no longer than 15 minutes. An afternoon rest break, for a period no longer than 15 minutes, will only be granted on afternoon shifts that are greater than 5 hours but less than 6 hours.

26.- ANNUAL LEAVE

(1) Except as otherwise provided by this clause, a period of four consecutive weeks leave with payment of ordinary wages as prescribed shall be allowed annually to an Employee who has completed twelve months’ continuous employment.

(2) (a) During a period of annual leave an Employee shall be paid a loading of 17.5% calculated on his or her ordinary wages as prescribed by this award.

(b) The loading prescribed by paragraph (a) above shall not apply to proportionate leave paid out on termination.

(3) If any holiday as prescribed by Clause 36 - Public Holidays of this Agreement falls within an Employee’s period of annual leave one day shall be added to the Employee’s period of annual leave for each such holiday.

(4) (a) Entitlement to annual leave shall accrue weekly at the rate of 2.923 hours per week. 2005 WAIRC 01442

(b) If after one week's continuous service in any qualifying 12 month period an Employee leaves his or her employment or his or her employment is terminated by the Employer, then the Employee shall be paid 2.923 hours pay at his or her ordinary rate of pay for each completed week of service.

(c) In addition to the payment to which an Employee may be entitled under paragraph (a) of this subclause, an Employee whose employment terminates after the completion of a twelve month qualifying period and who has not been allowed the leave or a portion of the leave prescribed under this Agreement shall be given payment as prescribed by subclause (1) and (2)(a) of this clause in lieu of that leave or portion of leave, unless:

(i) the Employee has justifiably been dismissed for misconduct; and (ii) the misconduct for which the Employee has been dismissed occurred prior to the completion of that qualifying period.

(5) Any time in respect of which a worker is absent from work except time for which he is entitled to claim paid sick/family carers leave or time spent on holidays or annual leave as prescribed by this Agreement shall not count for the purpose of determining his right to annual leave.

(6) Upon request the Employer may grant an Employee annual leave in more than one period.

(7) (a) Except as provided by paragraph (b) below, every Employee shall be given and shall take annual leave within twelve months after the date the leave falls due.

(b) In special circumstances, and with the consent of the Employer an Employee may defer the taking of any accrued annual leave, or any part thereof not taken, for a period not exceeding two years after the date when the leave accrued is due.

(8) The provisions of this clause shall not apply to casual Employees.

27. - SICK/FAMILY CARERS LEAVE

(1) For the purposes of this clause "service" shall not include:

(a) any period exceeding 14 calendar days during which an Employee is absent on leave without pay. In the case of leave without pay which exceeds 14 calendar days, the entire period of such leave without pay is excised in full;

(b) any period which exceeds six months in one continuous period during which an Employee is absent on workers' compensation. Provided that only that portion of such continuous absence which exceeds six months shall not count as "service"; 2005 WAIRC 01442

(c) any period which exceeds three months in one continuous period during which an Employee is absent on sick leave without pay. Provided that only that portion of such continuous absence which exceeds three months shall not count as "service".

(2) An Employee who is unable to attend or remain at his or her place of employment during ordinary hours of work by reason of:

(a) personal ill health or injury; or

(b) the need to care for another person;

shall be entitled to payment for such absence in accordance with the provisions of this clause.

(3) The Employer and Employees may enter into agreements with respect to notification to the Employer, within a specified period, of an Employee’s inability to attend work due to illness or injury. In all cases an Employee shall notify the Employer as soon as reasonably practicable of the absence, provided that:

(a) the agreement is between the Employer and the majority of Employees covered by this Agreement who are affected by the notification requirements;

(b) the agreement is available for inspection in the same manner as prescribed in Clause 38 – Time and Wages Record; and

(c) an entitlement to payment under this clause shall not be withheld if:

(i) the Employee has given notice within 24 hours of the commencement of the absence; or

(ii) the Employee demonstrates extraordinary circumstances existed which prevented notice being given.

(4) Entitlement to payment shall accrue weekly at the rate of 1.4568 hours per week for full- time Employees and on a pro-rata basis for part-time Employees. The unused portion of these credits shall be cumulative.

(5) An Employee who claims to be entitled to sick leave or family carers leave in respect of this clause is to provide to the employer evidence that would satisfy a reasonable person of the entitlement.

The basis for determining an entitlement to leave of absence on the grounds of family leave as prescribed in subclause 2(b) of this clause shall be subject to:

(a) The Employee being responsible for the care of the person concerned; and

(b) The person concerned being either:

(i) a member of the Employee’s immediate family; or 2005 WAIRC 01442

(ii) a person residing at the Employee’s residence for a period of not less than six months.

(c) The term “immediate family” includes;

(i) a spouse or a de facto spouse of the Employee. A de facto spouse, in relation to a person, means a person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person;

(ii) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the Employee or spouse of the Employee;

(d) The Employee, wherever practicable, giving the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence as soon as possible on the first day of absence.

(6) Where an Employee is ill during the period of annual leave for a period of at least seven consecutive calendar days; or long service leave for a period of at least 14 consecutive calendar days and produces at the time or as soon as possible thereafter medical evidence satisfactory to the Employer that the Employee is or was as a result of the illness confined to the Employee's place of residence or a hospital, the Employer may grant sick leave for the period during which the Employee was so confined and reinstate annual or long service leave equivalent to the period of confinement.

(7) An Employee who is absent on leave without pay is not eligible for sick leave during the currency of that leave without pay.

(8) No sick leave shall be granted with pay if the illness or injury has been caused by the misconduct of the Employee or in any case of absence from duty without sufficient cause.

(9) An Employee, who has resigned, is subsequently reappointed such Employee shall for the purposes of this clause be regarded as a new Employee as from the date of reemployment.

(10) Where an Employee who has been retired on medical grounds resumes duty, sick leave credits at the date of retirement shall be reinstated.

(11) Where an Employee suffers a disability within the meaning of Section 5 of the Workers' Compensation and Assistance Act 1981 which necessitates that the Employee be absent from duty, sick leave with pay shall be granted to the extent of sick leave credits held by the Employee. In accordance with section 80(2) of the 2005 WAIRC 01442

Workers' Compensation and Assistance Act 1981 where the claim for Workers' Compensation is decided in favour of the Employee sick leave credits are to be reinstated.

(12) (a) An Employee who produces a certificate from the appropriate Commonwealth Department stating that the Employee suffers from war caused illness, may be granted special sick leave credits of 15 working days per annum on full pay in respect of that war caused illness.

These credits shall accumulate up to a maximum credit of 45 working days, and shall be recorded separately to the Employee's normal sick leave credits. (b) Every application for sick leave for war caused illness shall be supported by a certificate from a registered medical practitioner as to the nature of the illness.

(13) This clause shall not apply to casual Employees.

28.- BEREAVEMENT LEAVE

(1) Upon the death of a spouse, parent (including step-parent), grandparent, child, stepchild or grandchild, brother or sister, uncle or aunt within Australia, or any other person who immediately before the persons death lived with the Employee as a member of the Employees family; a full-time or part time Employee shall be entitled to paid bereavement leave of up to two days.

(2) The right to such paid leave shall be dependent on compliance with the following conditions :

(a) The Employee shall give the Employer notice of intention to take such leave as soon as reasonably practicable after the death of such relation;

(b) Where requested, satisfactory evidence of such death shall be furnished by the Employee to the Employer; and

(c) The Employee shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this Agreement or otherwise.

29.- JURY SERVICE

(1) An Employee required to attend for jury service during their rostered working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wages that they would have received had the Employee not been on jury service.

(2) An Employee shall notify the Employer as soon as possible of the date upon which the Employee is required to attend for jury service. 2005 WAIRC 01442

(3) Further, the Employee shall provide the Employer with proof of attendance, the duration of such attendance and the amount received in respect of such service.

30.- LONG SERVICE LEAVE

Employees shall accrue Long Service Leave in accordance with the Long Service Leave – Standard Provisions as published at Vol 84 Part 1 pages 1-4 of the Western Australian Industrial Gazette.

31. PAYOUT OF LEAVE

The Employer may approve an application by an Employee to receive payment rather than taking periods of accrued annual leave or long service. Approval will be subject to:

(a) the Employee taking ten (10) days leave in a calendar year;

(b) leave may only paid out once per calendar year; and

(c) the payment will be 100% of the salary/wages that the Employee would have been paid, if the leave had been taken in accordance with Clause 26 - Annual Leave and Clause 30 - Long Service Leave.

32.- PARENTAL LEAVE

(1) Subject to the terms of this clause Employees are entitled to unpaid maternity, paternity and adoption leave in connection with the birth or adoption of a child in accordance with the provisions of the Minimum Conditions of Employment Act 1993 (WA) as amended from time to time.

33.- EMERGENCY SERVICE LEAVE

(1) Subject to subclause (2) of this clause, paid leave of absence may be granted by The Employer to an Employee who is a member of the State Emergency Service, St John Ambulance Brigade, a volunteer of Bush Fire Brigade and who are absent from duty as a result of their attendance at an emergency.

(2) The leave with pay is to be granted on the basis that the Employee is not required for the Employer’s own essential operations and/or emergency services and the voluntary organisation requiring an Employee's services certifies that the person is or was required for the specified period. 2005 WAIRC 01442

34.- MILITARY SERVICE LEAVE

(1) Subject to the Employer’s' convenience, leave of absence may be granted by the Employer to an Employee who is a volunteer member of the Defence Force Reserves or the Cadet Force for the purpose of attending a training camp, school, class or course of instruction under the conditions contained in this clause.

(2) (a) In order to attend at a camp for annual continuous obligatory training, an Employee may be granted one period of not exceeding ten working days on full pay in any period of 12 months commencing on and from July 1 in each year. (b) If the Officer-In-Charge of a unit certifies that it is essential for an Employee to be at the camp in an advance or rear party, a maximum of four (4) extra days on full pay may be granted in a 12 month period.

(3) For attendance at one special school, class or course of instructions:-

(a) In addition to the leave granted under subclause (1) hereof, a period not to exceed 16 calendar days in any period of 12 months commencing on and from July 1, in each year may be granted provided that the Employer must be satisfied that the leave required is for a special purpose and not for a further routine camp;

(b) this leave may, at the option of the Employee, be granted from annual recreation leave due;

(c) if the leave is not taken from accrued annual leave, salary during the period shall be at the rate of difference between the normal remuneration of the Employee and the defence force payment to which the Employee is entitled if this does not exceed normal pay from Golden prescribed in Clause 36 - Public Holidays of this Agreement and special rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the Employee;

(d) leave without pay shall be granted if the defence force payments exceed the normal pay of the Employee.

(4) (a) Application for leave of absence for the above reasons shall, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the Employee shall furnish a certificate of attendance to the Employer. Where leave of absence has been granted with pay at the rate of difference between normal remuneration and defence force payment, the Employee shall also furnish a detailed certificate of the defence force payment received.

(b) On written application, an Employee shall be paid salary in advance when proceeding on such leave. 2005 WAIRC 01442

(c) Where annual leave is not utilised for attendance at a special school or course the period shall be treated as leave without pay and then adjusted for the pay differential when the certificate of attendance and payment is received.

35. - LEAVE WITHOUT PAY

(1) Where the Employer is satisfied that there is sufficient cause for doing so, the Employer may grant an Employee leave of absence without pay provided that:

(a) the work of the Employer is not inconvenienced; and

(b) all other leave credits of the Employee are exhausted.

(2) Any period that exceeds two weeks during which an Employee is on leave of absence without pay shall not, for any purpose, be regarded as part of the period of service of that Employee.

(3) Where an Employee is granted leave of absence without pay under this clause, for the purpose of undertaking studies that relate directly to the Employee's official duties, the Employer may determine that such leave of absence shall be regarded as part of the period of service of that Employee for all purposes except qualifying service for annual leave of absence for recreation.

36.- PUBLIC HOLIDAYS

(1) (a) The following days shall be allowed as paid holidays for full time and part time Employees, however Employees may be rostered for up to two public holidays per Agreement year:

- New Year's Day - Australia Day - Labour Day - Good Friday - Easter Monday - Anzac Day - Foundation Day - Sovereign’s Birthday - Christmas Day - Boxing Day.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) Where - 2005 WAIRC 01442

(a) a day is proclaimed as a public holiday or public half-holiday under section 7 of the Public and Bank Holidays Act 1972; and

(b) that proclamation applies to Golden Egg Farms site, that day shall be a whole holiday or, as the case may be, a half-holiday for the purposes of this Agreement.

(3) (a) When any of the holidays prescribed in subclause (1) of this clause falls on a day which for a full time or part time Employee is a day of the week upon which he or she is usually required to work less than one fifth of his or her ordinary weekly hours of duty, such Employee shall be allowed time off duty without deduction of pay equivalent to the difference between the time usually worked (on that day) and one fifth of the ordinary weekly hours of duty.

(b) Provided that an Employee who works overtime on such a day shall receive time off equivalent to the difference between the time off calculated in accordance with paragraph (a) of this subclause and the hours for which he or she has been paid at overtime rates.

(c) The time off duty is to be allowed either:

(i) at a time mutually agreed to between the Employee and Golden Egg Farms; or

(ii) in addition to but not as part of the annual leave to which the Employee is entitled pursuant to Clause 26.- Annual Leave of this Agreement.

(4) Where a holiday prescribed in this clause falls on any day upon which an Employee is required to work ordinary hours, the ordinary hours in that week shall be reduced by the number of hours ordinarily worked by that Employee on the day on which the holiday occurs.

(5) All work performed on the public holidays prescribed by this clause including work performed by casual Employees, shall be paid in accordance with Clause 24.- Overtime of this Agreement. All such work shall be voluntary.

(6) Where a full time Employee's week day RDO coincides with any of the holidays prescribed in this clause such Employee shall receive:

(a) one day's additional pay at ordinary rates from the Employer on the next succeeding pay day; or

(b) another day off at a time mutually agreed between the Employee and the Employer within 28 days of the holiday without loss of pay; or

(c) by mutual agreement between the Employee and the Employer, an additional day added to the Employees’ annual leave.

(7) Where a part time Employee is rostered such that the day of the week on which a holiday as prescribed by this clause falls forms part of the roster in the current roster cycle, but the Employee is not rostered to work on the holiday then such Employee shall receive: 2005 WAIRC 01442

(a) additional payment for the number of hours regularly worked on that day of the week at ordinary rates from the Employer on the next succeeding pay day; or

(b) additional time off work for the number of hours regularly worked on that day of the week at a time mutually agreed between the Employee and the Employer within 28 days of the holiday without loss of pay; or

(c) by mutual agreement between the Employee and the Employer, additional annual leave for the number of hours regularly worked on that day of the week.

37. - HEALTH AND SAFETY PROCEDURES

(1) Objective

The parties to this Agreement are committed to achieving more healthy and safe jobs through workplace changes aimed at improved efficiency and productivity. This will be accomplished by complying with the Occupational Health and Safety Act 1984 (WA) and by establishing a comprehensive approach to managing occupational health and safety issues which aims to:

(a) control hazards at source;

(b) reduce the incidence and costs of occupational injury and illness; and

(c) provide a rehabilitation system for workers affected by occupational injury or illness.

(2) Consultation

Consultative mechanisms will be established to address occupational health and safety issues. Such mechanisms will include:

(a) the election of Union health and safety representatives who will represent fellow workers in negotiations on health and safety matters;

(b) the establishment of an occupational health and safety committee, with equal representation of management and workers, to provide a forum for establishing workplace occupational health and safety policy and reviewing occupational health and safety procedures; and

(c) the establishment of consultative procedures for the resolution of health and safety issues which includes the right to refuse to perform unsafe work.

(3) Training 2005 WAIRC 01442

(a) Employee occupational health and safety representatives will be given paid leave to attend trade Union occupational health and safety training courses to a maximum of five days per annum.

(b) Workplace training programs, including induction and on-the-job training, will outline Employer occupational health and safety policy and procedures, occupational health and safety legislation, particular hazards associated with the job, control measures applicable to each hazard, and how to utilise occupational health and safety systems to identify hazards and instigate preventive actions.

(4) Occupational Health and Safety Program

(a) The Employer shall institute procedures for collecting information on the nature of hazards and incidence of injury which include:

(i) an internal system for reporting, recording and investigation of incidents, injuries and illness; and

(ii) the routine analysis of injury/illness/incident data.

(b) a system of regular workplace inspections and regular hazard audits of work areas and work practices which include reference to relevant legislation, standards and codes of practice shall be instituted at the workplace. These will be carried out with the involvement of the occupational health and safety representatives.

(c) The Employer shall take prompt action to deal with any health and safety problems.

(d) The Employer will provide the appropriate facilities and assistance to the occupational health and safety representative and committees to enable the parties to perform their functions in accordance with the Occupational Health and Safety Act 1984.

(e) the occupational health and safety representative or committee shall obtain external expert advice on occupational health and safety matters as appropriate.

38. - TIME AND WAGES RECORD

(1) The Employer shall maintain a record containing the following information relating to each Employee:

(a) the name and address given by the Employee,

(b) the age of the Employee if paid as a junior Employee,

(c) the classification of the Employee and whether the Employee is full-time, part- time or casual, 2005 WAIRC 01442

(d) the commencing and finishing times of each period of work each day,

(e) the number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period; and

(f) the wages, overtime and any allowances paid to the Employee each pay period and any deductions made there from.

(2) At the time of payment of wages the Employee may be given a pay slip showing that part of the record specified in paragraphs (e) and (f) of subclause (1) with respect to the pay period for which payment is being made.

(3) Access to the time and wages record will be in accordance with Division 2F of the Industrial Relations Act 1979 (WA).

39 .- STAND DOWN

(a) Notwithstanding anything else contained in this Agreement, the Employer may seek to use the provisions of this clause if there is any breakdown or failure of machinery which the Employer could not reasonably have prevented.

(b) In the above circumstance:

(i) A maximum of half of an Employees’ shift may be re-rostered, with 1 hours notice, to alternative times within the week and (except in the case at dot point iii) within the span of ordinary hours as set down in this Agreement. (ii) Unless agreement is reached to the contrary between the Employer and the Employees affected this would normally involve an early start the next morning. (iii) In exceptional circumstances it would not be considered unreasonable for the employer to request that Employees work some of their re-rostered hours between 4am and 5am on the following day given that any work that is done during this time would be credited at 200%. (iv) At all times re-rostered hours will be worked in conjunction and continuously with other shifts.

(c) If the period during which Employees can not usefully be utilised exceeds one day Employees will be requested to take annual leave as an alternative to being stood down without pay. 2005 WAIRC 01442

40 .- SIGNATORIES OF PARTIES

Signed for and on behalf of the parties to this agreement: West Coast Eggs Limited (Signed) Date:

The Food Preservers’ Union Australia, Union of Workers (Signed) Secretary Date: 2005 WAIRC 01442

APPENDIX 1 - WAGES SCHEDULE

All wage increases will apply from the first full pay period on or after the dates as listed below.

From date of 1st October 2005 At Level Transition ($) ($)

16 years 306.35 315.55

17 years 353.55 364.15

18 years 424.20 436.95

Level F1 471.35 485.50

Level F2 509.15 524.40

Level F3 533.25 549.25

Level F4 565.85 582.80

Level F5 603.25 621.30

Level F6 663.55 683.45 2005 WAIRC 01442

APPENDIX 2 -SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES

(1) This Appendix defines the conditions which will apply to Employees who because of the effects of a disability are eligible for a supported wage under the terms of this agreement. In the context of this clause, the following definitions will apply:

(a) “ Supported Wage System” means the Commonwealth Government system to promote employment for people who cannot work at full agreement wages because of a disability, as documented in “[Supported Wage System: Guidelines and Assessment Process]”.

(b) “ Accredited Assessor” means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(c) “Disability Support Pension” means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(d) “Assessment Instrument” means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(2) Eligibility Criteria

Employees covered by this Clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the Employee is engaged under this agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

(The Clause does not apply to any existing Employee who has a claim against the Employer which is subject to the provisions of Employees’ compensation legislation or any provision of this Agreement relating to the rehabilitation of Employees who are injured in the course of their current employment).

The Agreement does not apply to the Employer in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act, or if a part only has received recognition, that part.

(3) Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Agreement for the class of work which the person is performing according to the following schedule: 2005 WAIRC 01442

Assessed Capacity % Of Prescribed (Sub-clause (4) Agreement Rate 10%* 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% (Provided that the minimum amount payable shall not be less than $60.00per week). * Where a person’s assessed capacity is 10 per cent, they shall receive a high degree of assistance and support. (4) Assessment of Capacity

For the purpose of establishing the percentage of the agreement rate to be paid to an Employee under this Agreement, the productive capacity of the Employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a) the Employer and the Union, in consultation with the Employee or, if desired by any of these;

(b) the Employer and an accredited assessor from a panel agreed by the parties to the Agreement and the Employee.

(5) Lodgement of Assessment Instrument

(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Agreement wage to be paid to the Employee, shall be lodged by the Employer with the Registrar of the Western Australian Industrial Relations Commission.

(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a Union which is party to the Agreement, is not a party to the assessment, it shall be referred by the Registrar to the Union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

(6) Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(7) Other Terms and Conditions of Employment 2005 WAIRC 01442

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other Employees covered by this Agreement paid on a pro-rata basis.

(8) Workplace Adjustment

The Employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the Employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other Employees in the area.

(9) Trial Period

(a) In order for an adequate assessment of the Employee’s capacity to be made, the Employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

(b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(c) The minimum amount payable to the Employee during the trial period shall be no less than $45 per week.

(d) Work trials should include induction or training as appropriate to the job being trialled.

(e) Where the Employer and the Employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (4) above.