Buttercup Bakeries (W.A.) Enterprise Agreement 1997

BUTTERCUP BAKERIES (W.A.) ENTERPRISE AGREEMENT 1997

NO. AG 40 OF 1997 2

1. - TITLE

This agreement shall be known as the Buttercup Bakeries (W.A.) Enterprise Agreement 1997.

2. - ARRANGEMENT

1. Title 2. Arrangement 3. Area and Scope 4. Parties Bound 5. Date and Period of Operation 6. Relationship to Parent Award/Existing or Expired Enterprise Agreements 7. Proposed Changes - Working Draft 8. Wages 9. No Reduction 10. Dispute Settling Procedures 11. Signatories

Schedule A Schedule B

3. - AREA AND SCOPE

This agreement shall apply at Buttercup Bakeries, 38 Crocker Driver, Malaga, in the state of Western Australia in respect of all employees who are covered by the terms of the Bakers (Metropolitan) Award No. 13 of 1987, the Breadcarters’ Metropolitan Award No. 35 of 1963, the Metal Trades (General) Award 1966, the Bakers’ (Country) Award No. 18 of 1977 and the Breadcarters’ (Country) 1976 Award. It is estimated that this Agreement shall apply to 250 employees.

4. - PARTIES BOUND

This Agreement shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Miscellaneous Workers Division, Western Australian Branch, the Transport Workers’ Union of Australia, Industrial Union of Workers’, Western Australian Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch and the Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch and Quality Bakers Australia Limited trading as Buttercup Bakeries.

The parties to this Agreement expressly accept that they are bound by the terms of this Agreement during its duration and will oppose any application by other parties to be joined to this Agreement.

5. - DATE AND PERIOD OF OPERATION

(a) This Agreement shall operate from the beginning of the first pay period commencing on or after the date of approval by the Western Australian Industrial Relations Commission and shall remain in force for a period of twelve (12) months.

(b) The parties to this Agreement are genuinely committed to negotiating in good faith during the terms of this Agreement, to reach a further Enterprise Agreement, preferably within 6 months of this Agreement being registered or at least prior to the expiration of the term of this Agreement.

(c) The parties agree to commence negotiations to achieve a further Enterprise Agreement immediately following the registration of this Agreement.

(d) By the consent of the parties, application will be made to the Western Australian Industrial Relations Commission to register such further Agreement as soon as agreement is reached. 3

(e) If no changes have been effected by the expiration of the term of this Agreement, either party may elect to return to the situation which existed immediately prior to the registration of this Agreement.

(f) The parties agree that this Agreement shall be registered without prejudice to the seeking of a federally registered Award or any other Agreement at any time.

6. - RELATIONSHIP TO PARENT AWARD

This Agreement is to incorporate and operate in conjunction with the Bakers (Metropolitan) Award No. 13 of 1987, the Breadcarters’ (Metropolitan) Award No. 35 of 1963, the Metal Trades (General) Award 1966 and Enterprise Bargaining Agreement No. AG93 of 1993 and AG46 of 1996; the Bakers (Country) Award No. 18 of 1977 and the Breadcarters’ (Country) 1976 Award.

By consent of all parties, this Agreement may be varied by the Western Australian Industrial Relations Commission upon application, provided that such variation will not be contrary to the principles or standards of the Commission.

7. - PROPOSED CHANGES - WORKING DRAFT

By a process of consultation and negotiation the parties agree to provide workplace and employment conditions under which the services of Buttercup can be delivered in an efficient, flexible and profitable manner.

The proposed changes which we have failed to reach agreement upon to date will form the basis for ongoing discussion over the twelve months of the Agreement. Those changes covered by this Agreement shall be as contained in Schedule A which may be added to or deleted from upon agreement by both parties.

It will be the joint intent of the parties to work together in a constructive, managed and cooperative manner in order to ensure the development and implementation of a comprehensive workplace reform strategy that reflects industry best practices and supports the long term viability of the enterprise and hence the employment security of the employees.

8. - WAGES

As a gesture of good faith and to further demonstrate the Company’s genuine intention to pursue workplace reform, the Company will increase wage rates for all employees covered by this Agreement by 5%, effective from the first pay period on or after the ratification of this Agreement by the Western Australian Industrial Relations Commission. The wages payable to employees covered by this Agreement shall be as contained in Schedule B.

Any further increase within the term of this Agreement will be achieved from cost savings or productivity improvements which have eventuated as a direct and demonstrable result of changes negotiated during the term of the Agreement.

9. - NO REDUCTION

This Agreement does not involve a reduction in ordinary time earnings, standard hours of work, paid annual or long service leave. 4

10. - DISPUTE SETTLING PROCEDURE

Any questions, disputes or difficulties associated with this Agreement shall be dealt with in accordance with the dispute settling procedure as set out in the relevant Award.

11. - SIGNATORIES

 Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Miscellaneous Workers Division, Western Australian Branch;  Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch;  Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch; and  Quality Bakers Australia Limited, trading as Buttercup Bakeries.

DECLARATION AND SIGNATORIES

This Agreement has been negotiated through extensive consultation, commitment and participation between management, employees and unions, both directly and through the consultative committee.

The content of this Agreement has been canvassed with all parties.

All parties are entering into this Agreement will full knowledge as to the content and effect of the document. The parties declare that this Agreement: a) is not contrary to the public interest; b) is not unfair, harsh or unconscionable; c) was at no stage entered into under duress; d) reflects the interests, objectives and needs of the parties; and e) when viewed as a whole, does not disadvantage employees or reduce the entitlements or protections under the award.

Signed for and on behalf of The Australian Liquor, Hospitality & Miscellaneous Workers’ Union, Miscellaneous Workers Division, Western Australian Branch

...... Signed...... Date: 21/02/97

SHARRYN JACKSON

Signed for and on behalf of The Transport Workers’ Union, Industrial Union of Workers, Western Australian Branch.

...... Signed...... Date: 24/02/97

JAMES McGIVERON 5

Signed for and on behalf of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, WA Branch.

...... Signed...... Date: 26/02/97

K. PECKHAM

Signed for and on behalf of Quality Bakers Australia Limited, trading as Buttercup Bakeries.

...... Signed...... Date: 18/02/97

J. O’ROURKE 6

SCHEDULE A

PRODUCTIVITY & EFFICIENCY ISSUES

 Flexible hours to handle changing market requirements

 Reduction in production waste

 Reduction in sales waste, returns and crate losses

 Reduction in motor vehicle operating costs, maintenance and repairs

 Salary based payments incorporating wages and allowances

 Reduction in absenteeism

 Laundering of uniforms

 Training - rewards of competency levels achieved

 Occupational health and safety - reduction in lost time accidents 7

SCHEDULE B

RATES OF PAY

Current Base Rate As per E.A. Agreement as at 15/1/97 Rate Plus 5%

METRO Loader 383.20 402.36 Operator 398.50 418.43 Breadcarter 406.20 426.51 Engineer LV C10 441.20 463.26 Engineer LV C12 388.60 408.03 Engineer LV C9 462.10 485.21 Baker 441.20 463.20 Foreman Baker 466.50 489.83 Doughmaker 457.10 479.95 Bakers Assistant 370.40 388.92

COUNTRY Baker 427.00 448.35 Loader 383.20 402.36 Operator 398.50 418.42 Engineer LV C10 441.20 463.26 Breadcarter 406.20 426.51 8

V A R I A T I O N R E C O R D

BUTTERCUP BAKERIES (W.A.) ENTERPRISE AGREEMENT 1997

NO. AG 40 OF 1997

Delivered 27/02/97 at 77 WAIG 633 Consolidated

CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE NO. VARIATION NO. DATE REFERENCE

1. Title as delivered AG40/97 03/02/97 77 WAIG 633

2. Arrangement as delivered AG40/97 03/02/97 77 WAIG 633

3. Area and Scope as delivered AG40/97 03/02/97 77 WAIG 633

4. Parties Bound as delivered AG40/97 03/02/97 77 WAIG 633

5. Date and Period of Operation as delivered AG40/97 03/02/97 77 WAIG 633

6. Relationship to Parent Award/Existing or Expired Enterprise Agreements as delivered AG40/97 03/02/97 77 WAIG 633

7. Proposed Changes - Working Draft as delivered AG40/97 03/02/97 77 WAIG 633

8. Wages as delivered AG40/97 03/02/97 77 WAIG 633

9. No Reduction as delivered AG40/97 03/02/97 77 WAIG 633

10. Dispute Settling Procedures as delivered AG40/97 03/02/97 77 WAIG 633

11. Signatories as delivered AG40/97 03/02/97 77 WAIG 633

Schedule A Schedule B