MUNNO PARA FOODLAND AGREEMENT 2018
MUNNO PARA FOODLAND AGREEMENT 2018
Munno Para Foodland Agreement 2018 Page 1 MUNNO PARA FOODLAND AGREEMENT 2018 1. TITLE This Agreement shall be known as the ‘Munno Para Foodland Agreement 2018’. 2. TABLE OF CONTENTS 1. TITLE 1 2. TABLE OF CONTENTS 1 3. COVERAGE 2 4. AGREEMENT TO PREVAIL 2 5. DURATION OF AGREEMENT 2 6. OPERATION OF THE NES 2 7. DEFINITIONS 2 8. CONTRACT OF EMPLOYMENT 3 9. CLASSIFICATIONS 4 10. WAGES 5 11. ALLOWANCES 6 12. SUPERANNUATION 7 13. HOURS OF WORK 8 14. PENALTIES AND OVERTIME 8 15. ROSTERS 9 16. ROSTERS FOR PERMANENT EMPLOYEES 10 17. SHIFTWORK 11 18. BREAKS 11 19. PUBLIC HOLIDAYS 11 20. LEAVE 12 21.
TERMINATION OF EMPLOYMENT 14 22. REDUNDANCY 15 23. UNIFORMS AND PROTECTIVE CLOTHING 15 24. INDIVIDUAL FLEXIBILITY TERM 16 25. CONSULTATION IN THE WORKPLACE 17 26. DISPUTE RESOLUTION 18 27. OCCUPATIONAL HEALTH AND SAFETY 18 28. AMENITIES 18 29. ALCOHOL AND ILLEGAL DRUGS 19 30. UNION MATTERS 19 31. POSTING OF AGREEMENT 19
Munno Para Foodland Agreement 2018 Page 2 3. COVERAGE This Agreement shall cover and apply to; 3.1. Kimi Holdings Pty Ltd & Ekaton Corp. Pty Ltd (trading as Munno Para Foodland) and their employees employed in any of the classifications named and defined herein, and 3.2. The Shop, Distributive and Allied Employees’ Association (the Union). 3.3. The Agreement shall not cover or apply to salaried Department Managers, Duty Managers, Store Managers or other salaried employees. 4. AWARD RELATIONSHIP 4.1. This Agreement shall operate in complete substitution for, and supersedes any Award or Agreement, whether State of Federal, previously covering the employment of persons whose employment is subject to this Agreement.
4.2. No term of an Award or Agreement is to be incorporated into the agreement except where specifically provided for in this agreement. 5. DURATION OF AGREEMENT This Agreement will commence to on October 1st 2018, or 7 days after approval by the FWC, whichever is later, and will have a nominal expiry date four years from the date of commencement. 6. OPERATION OF THE NES A term of the NES will prevail to a term of this agreement to the extent of any inconsistency and to the degree it would result in a more favourable outcome for an employee.
7. DEFINITIONS Whenever the following words or expressions are used in this Agreement, they shall have the meaning set out in this clause.
a. Award or GRIA means the General Retail Industry Award 2010. b. Employer/Company means the relevant employer covered by this Agreement. c. Union means the Shop, Distributive and Allied Employees’ Association. d. NES means the National Employment Standards as per the Fair Work Act 2009 (Cth). e. FWC means Fair Work Commission pursuant to the Act. f. Act shall mean the Fair Work Act 2009 (Cth). g. Permanent Employee means a Full-time employee or a Part-time employee.
Munno Para Foodland Agreement 2018 Page 3 8. CONTRACT OF EMPLOYMENT 8.1. TERMS OF EMPLOYMENT a. Upon engagement, an employee shall be informed by the Company whether they are full- time, part-time or casual. b. Upon engagement, an employee shall be informed by the Company of their classification as set out in clause 9. c. Upon engagement, any employee who is required to do so must provide the employer with proof of age. d. Upon engagement, the employer and permanent employees will agree, in writing, on a regular pattern of work detailing the days of the week to be worked, start and finish times on each day and the times and the duration of meal breaks.
8.2. FULL-TIME EMPLOYEE a. Is an employee engaged as such who is working 152 ordinary hours averaged over a 4 week cycle up to maximum of 48 hours in a week. b. The minimum daily engagement is 4 hours. The maximum daily engagement is 9 ordinary hours, provided that for one day per week an employee can be rostered for 11 hours. c. The employee and employer will agree on a pattern of work that does not exceed 19 or 20 days in each four week cycle. d. Any agreement to vary the regular pattern of work will be made in writing before the variation occurs.
8.3. PART-TIME EMPLOYEE a. Is an employee engaged for an agreed number of at least 12 hours and less than 38 hours per week.
b. The minimum daily engagement for part-time employees shall be 3 hours. The maximum daily engagement is 9 ordinary hours, provided that for one day per week an employee can be rostered for 11 hours. c. Part-time employees will not be required to work ordinary hours on more than 20 days in each four-week cycle. d. Any agreement to vary the regular pattern of work will be made in writing before the variation occurs.
8.4. CASUAL EMPLOYEE a. Is an employee specifically engaged as such, who is not a full-time or a part-time employee. b. Casual employees shall be paid an additional 25% of the Ordinary Hourly Rate prescribed in clause 10 of this agreement. c. Casual employees shall receive a minimum period of engagement of 3 hours for each engagement. The maximum daily engagement is 9 ordinary hours, provided that for one day per week an employee can be rostered for 11 hours. d. Casual employees shall not exceed 38 ordinary hours per week.
Munno Para Foodland Agreement 2018 Page 4 9.
CLASSIFICATIONS 9.1. All employees covered by this agreement must be classified according to the structure: Level 1 Shop Assistant, Waitstaff, Barista Level 2 Forklift Operator, Ride on Equipment Operator Level 3 Supervisor, Cook (non trades), Level 4 Clerical Assistant, Tradesperson, Supervisor, Nightfill Supervisor, Service Supervisor (up to 15 employees) Level 5 Service Supervisor (more than 15 employees) Level 6 Department Manager Level 7 Cook / Chef (trades) 9.2. Shop Assistant is an employee engaged in all or any of the following classes of work: Checkout Operator; Weighing, price-marking, wrapping and/or dispatching of goods; Replenishing and/or maintaining stocks of goods; Generally assisting on the floor of the shop; Picking and preparing orders for online sales; delivery of orders; Receiving and storing of goods; Trolley Collectors; Food services (other than a Cook or Chef).
9.3. Tradesperson (other than a Chef/Cook) means an employee who is trade qualified and is required to utilise the skills of a trades qualified person. 9.4. Clerical assistant means any person primarily employed and assisting with the management of debtors/creditors systems, accounting software, any associated office duties, data entry and office administration, equivalent to the duties in Clerical Officer Level 1 and 2 under the Award. 9.5. Supervisor means an employee who provides supervisory assistance to a Department Manager. 9.6. Department Manager means a person engaged and appointed as such in a written contract of employment by the employer.
A Department Manager shall have responsibility over a section or department in a shop as defined by the employer.
9.7. The classification must be according to the skills level or levels required to be exercised by the employee in order to carry out the principal functions of the employment.
Munno Para Foodland Agreement 2018 Page 5 10. WAGES 10.1. Ordinary Hourly Rates Employees employed under this Agreement shall be paid the following: Rates of pay: Ordinary Hourly Rate Full-Time Rate Level 1 employee $21.29 $809.02 Level 2 employee $21.80 $828.29 Level 3 employee $22.14 $841.27 Level 4 employee $22.57 $857.79 Level 5 employee $23.49 $892.79 Level 6 employee $23.85 $906.16 Level 7 employee $24.55 $932.91 10.2.
Wages and Allowances Increases The minimum rates and allowances shall increase by the percentage increase that is ordered by the FWC in its Annual Wage Review taking effect July in that year and shall apply from the first full pay period after July 1 that year.
10.3. Junior employees Junior employees will be paid the following percentage of the appropriate ordinary hourly rates: Age Percentage 20 years 100% 19 years 80.5% 18 years 71% 17 years 61% 16 years and under 51% 10.4. Payment of Wages a. Wages shall be paid weekly or fortnightly in arrears and will be credited directly into a nominated bank account. All wages shall be paid on a regular pay day. Payment will be for the actual hours worked, or averaged over a fortnight. b. Where for any reasons the employer wishes to change the pay day, then the employer shall provide at least 4 weeks’ notice to the employee of such change in writing.
10.5. Supported Wage and School-based Apprentices Clauses 24, and 26 of the GRIA (as amended from time to time), which relate to Supported Wage and School-based apprentices, shall apply to employees where relevant.
Munno Para Foodland Agreement 2018 Page 6 10.6. Apprentices Apprentice rates are provided for in Schedule A of this Agreement. 11. ALLOWANCES 11.1. Meal Allowance a. An employee required to work more than one hour of overtime after the employee’s ordinary time of ending work, without being given 24 hours’ notice, will be either provided with a meal or paid a meal allowance of $18.54. Where such overtime work exceeds four hours a further meal allowance of $16.80 will be paid. b. No meal allowance will be payable where an employee could reasonably return home for a meal within the period allowed.
11.2. Excess travelling costs Where an employee is required by the company to move temporarily from one store to another for a period not exceeding three weeks, all additional transport costs so incurred will be reimbursed by the company. 11.3. Travelling Time Reimbursement a. An employee who on any day is required to work at a place away from their usual place of employment, for all time reasonably spent in reaching and returning from such place (in excess of the time normally spent in travelling from their home to their usual place of employment and returning), will be paid travelling time at their ordinary pay rate and also any fares reasonably incurred in excess of those normally incurred in travelling between their home and their usual place of employment.
b. Where the company provides transport from a pick up point, an employee will be paid travelling time for all time spent travelling from such pick up point and returning to such pick up point. 11.4. Transfer of Employee Reimbursement Where the company transfers a employee from one township to another, the company will be responsible for and will pay the whole of the moving expenses, including fares and transport charges, for the employee and the employee’s family. 11.5. Transport allowance Where the company requests an employee to use their own motor vehicle in the performance of their duties such employee will be paid an allowance of $0.81 per kilometre.
11.6. Employee Transport reimbursement a. Where an employee commences and/or ceases work after 10.00 pm on any day or prior to 7.00 am on any day and an employee’s regular means of transport is not available and the employee is unable to arrange their own alternative transport, the company will reimburse the employee for the cost of a taxi fare from the place of employment to the employee’s usual place of residence. This will not apply if the company provides or arranges proper transportation to and/or from the employee’s usual place of residence, at no cost to the employee. b. Provided always that an employee may elect to provide their own transport.
c. This subclause will not apply to employees engaged under the provisions of shift-work. 11.7. Cold work allowance a. An employee principally employed on any day to enter cold chambers and/or to stock and refill
Munno Para Foodland Agreement 2018 Page 7 refrigerated storages such as dairy cases or freezer cabinets will be paid an allowance per hour, while so employed, of $0.29. b. An employee required to work in a cold chamber where the temperature is below 0°C will in addition to the allowance in 11.6.a will also be paid an allowance per hour, while so employed, of $0.45. 11.8. First aid allowance Where an employee who holds an appropriate first aid qualification is appointed by the company to perform first aid duty they will be paid an extra of $10.89 each week. 11.9. Liquor licence An employee who holds a liquor licence under a relevant State or Territory law will be paid an extra $25.96 per week.
To avoid doubt, this allowance does not apply to employees with only a Responsible Service of Alcohol (RSA) certificate.
11.10. Recall Allowance a. Unless otherwise agreed a team member recalled to work for any reason, before or after completing their normal roster or on a day on which they did not work, will be paid at the appropriate rate for all hours worked with a minimum of three hours on each occasion. b. The time worked will be calculated from the time the team member leaves home until the time they return home. 11.11. Higher duties Employees engaged for more than two hours during one day or shift on duties carrying a higher rate of pay than their ordinary classification are to be paid the higher rate of pay for such day or shift.
If engaged for two hours or less during one day or shift, the employee is to be paid the higher rate of pay for the time worked only.
12. SUPERANNUATION a. The employer will provide superannuation benefits to employees in accordance with the provisions of the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. b. Superannuation contributions paid by the employer pursuant to the superannuation legislation shall be paid to the Retail Employees Superannuation Trust, or such other complying fund which may be agreed between the Union and the employer from time to time.
c. In addition, the employer must also make the superannuation contributions provided for in this clause: (i) While the employee is on any paid leave; (ii) For the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that; the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and the employee remains employed by the employer.
13. HOURS OF WORK 13.1. Ordinary hours may be worked within the following spread of hours:
Munno Para Foodland Agreement 2018 Page 8 Days Spread of hours Monday to Friday, inclusive 7.00am–9.00pm/11.00pm Saturday 7.00am–6.00pm/11.00pm Sunday 9.00am–6.00pm/11.00pm 13.2. If the trading hours in the retail operations covered by this agreement extend beyond 9.00pm on a weekday or 6.00pm on Saturday or Sunday, then finishing time for ordinary hours for employees covered by this agreement on all days of the week shall be 11.00 pm. 13.3. If the spread of hours is expanded in the GRIA, then the expanded spread of hours will apply to the exclusion of the above.
13.4. The commencement time for ordinary hours of work for newsagencies covered by this agreement will be from 5.00am on each day. 13.5. The hours of work on each day shall be continuous, except for meal breaks and rest breaks. 14. PENALTIES AND OVERTIME 14.1. Penalty Rates a. The following penalty rates will apply to employees for ordinary hours worked during the following times and/or days: Hour Permanent Rate Casual Rate Mon – Fri after 6pm Ordinary rate + 25% penalty Ordinary rate + 25% casual loading only Saturday Ordinary rate + 25% penalty Ordinary rate + 25% casual + 10% penalty Sunday Ordinary rate + 50% penalty (except as provided for in 14.1 (b)) Ordinary rate + 25% casual loading +50% penalty (except as provided for in 14.1 (b)) Public Holidays Ordinary rate + 125% penalty Ordinary rate + 25% casual loading + 125% penalty b.
Sunday penalty rates will move in line with the GRIA. c. At the time of voting on the agreement there are several matters before the FWC, which were made under s156 of the Act, aimed at varying the GRIA.
I. In relation to casual penalty rates on Mon-Fri evening work and casual penalty rates for Saturday work. If, as a result of those proceedings casual penalty rates are increased in the GRIA, then the higher rates will apply to the exclusion of the rates above. 14.2 Overtime a. The employer may require an employee to work reasonable overtime at overtime rates in
Munno Para Foodland Agreement 2018 Page 9 accordance with the provisions of this clause. b. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to: i.
any risk to employee health and safety; ii. the employee’s personal circumstances including any family responsibilities; iii. the needs of the workplace or enterprise; iv. the notice (if any) given by the employer of the overtime and by the employee of their intention to refuse it; and v. any other relevant matter. c. Where the employer and the employee agree, hours worked outside the spread of hours may be counted as part of the employee’s ordinary weekly hours so long as the employee receives the applicable overtime rate as set out in clause 14.3.
14.3 Payment for Overtime d. Hours worked in excess of the ordinary hours of work, outside the span of hours (excluding shiftwork), or roster conditions prescribed in clauses 8, 15 and 16 are to be paid at time and a half for the first three hours and double time thereafter. e. Hours worked by part-time employees in excess of the agreed hours will be paid at time and a half for the first three hours and double time thereafter (except as provided for in clause 16.7). f. The rate of overtime on a Sunday is double time, and on a public holiday is double time and a half.
g. Overtime is calculated on a daily basis.
h. The employer and an employee may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee. The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made. Time off must be taken within 6 months of the overtime being worked. i. A casual employee shall receive the casual loading in addition to overtime rates payable. 15. ROSTERS 15.1. Rosters shall be displayed on the staff notice board. 15.2. The company will retain superseded notices for twelve months.
The roster will, on request, be produced for inspection by an authorised person.
15.3. Permanent employees will be given notice of their roster 2 weeks in advance. Casuals will receive at least 1 weeks’ notice. 15.4. Except by agreement, a casual employees roster cannot be changed after they have commenced travel to work for any given shift. 15.5. Hours of work on any day will be continuous, except for rest pauses and meal breaks. 15.6. All employees will be granted a 12-hour rest period between the completion of work on one day and the commencement of work on the next day. Work includes any reasonable additional hours or overtime.
15.7. Where an employee re-commences work without having had 12 hours off work then the employee will be paid at double the rate they would be entitled to until such time as they are released from duty for a period of 12 consecutive hours off work without loss of pay for
Munno Para Foodland Agreement 2018 Page 10 ordinary time hours occurring during the period of such absence. 15.8. By agreement between an employer and an employee the period of 12 hours may be reduced to not less than 10 hours. 15.9. Employees cannot work on more than six consecutive days. 16. ROSTERS FOR PERMANENT EMPLOYEES 16.1. Any roster change will be provided to the employee in writing, which may be electronically, with a minimum fourteen days’ notice (the time may be shortened by mutual agreement). Should the employee disagree with the roster change there will be discussions aimed at resolving the matter in accordance with the dispute resolution procedure.
16.2. Due to unexpected operational requirements, an employee’s roster for a given day may be changed by mutual agreement with the employee prior to the employee arriving for work. 16.3. The Company will be mindful of the employee’s needs, specifically family needs, study commitments and safe transport home when contemplating roster changes and will endeavour to keep roster changes to a minimum.
16.4. An employee’s roster may not be changed with the intent of avoiding payment of penalties, loading or other benefits applicable. Should such circumstances arise the employee will be entitled to such penalty, loading or benefit as if the roster had not been changed. 16.5. Ordinary hours will be worked so as to provide an employee with two consecutive days off each week or three consecutive days off in a two-week period. a. This requirement will not apply where the employee requests in writing and the employer agrees to other arrangements, which are to be recorded in the time and wages records.
It cannot be made a condition of employment that an employee make such a request.
b. An employee can terminate the agreement by giving four weeks’ notice to the employer. 16.6. An employee who regularly works Sundays will be rostered so as to have three consecutive days off each four weeks and the consecutive days off will include Saturday and Sunday. a. This requirement will not apply where the employee requests in writing and the employer agrees to other arrangements which are to be recorded in the time and wages records. It cannot be made a condition of employment that an employee make such a request.
b. An employee can terminate the agreement by giving four weeks’ notice to the employer.
16.7. Part Time Additional Hours: a. A part-time employee can elect to provide written standing consent in order to work additional hours within their availability at the ordinary rate of pay, provided such standing consent may be withdrawn by the employee at any time. (i) A record of the agreement and any variations to it will be retained by the employer and provided to the employee. (ii) An employee who provides standing consent can verbally or otherwise refuse to work additional hours when offered on any occasion. If such hours are still required by the employer, overtime under clause 14.2 and 14.3 will apply.
b. Where a part-time employee has over a period of at least 12 months regularly worked a number of additional hours under subclause 16.7 (a), the employee can apply to increase their permanent minimum contractual hour to the average worked over the previous 12 months. The employer and employee will then agree on a regular pattern of work in accordance with 8.1(d). The employer may only refuse the request in writing and on reasonable business grounds.
Munno Para Foodland Agreement 2018 Page 11 17. SHIFTWORK Shiftwork provisions of this agreement are provided for in Schedule B.
18. BREAKS The employer will set the times for the taking of meal breaks and rest breaks in accordance with: Hours worked Paid Rest break Unpaid Meal break Work less than 4 hours No rest break No meal break Work 4 hours or more but no more than 5 hours One 15 minute rest break (inc. of walking time) No meal break Work more than 5 hours but less than 7 hours One 15 minute rest break (inc. of walking time) One meal break of at least 30 minutes but not more than 60 minutes.
Work 7 hours or more but less than 10 hours Two 15 minute rest breaks (inc. of walking time), with one taken in the first half of the work hours and the second taken in the second half of the work hours. One meal break of at least 30 minutes but not more than 60 minutes. Work 10 hours or more Two 15 minute rest breaks (inc. of walking time), with one taken in the first half of the work hours and the second taken in the second half of the work hours. Two meal breaks each of at least 30 minutes but not more than 60 minutes.
a. An employee cannot be required to take a rest break or meal break within one hour of commencing or ceasing of work.
b. An employee cannot take a rest break(s) combined with a meal break. c. No employee can work more than 5 hours without a meal break. d. The time of taking rest and meal breaks and the duration of meal breaks form part of the roster and are subject to the roster provisions of this agreement. 19. PUBLIC HOLIDAYS 19.1 Public Holidays are taken in accordance with the NES. 19.2 Where the employer requires work to be performed by employees on a public holiday the following process shall be observed.
a. In the first instance the employer shall call for volunteers to work on the public holiday. The call for volunteers shall be made at least one roster period prior to the date of the public holiday. b. Where insufficient staff are available to staff the store, the employer may require employees to work that public holiday (subject to sections 114(2), 114(3) and 114(4) of the Act). c. Permanent employees not required to work the employee’s normal rostered hours on a public holiday, will be paid for the number of hours that the employee would have usually worked or part thereof.
Munno Para Foodland Agreement 2018 Page 12 19.3 Public holidays are the days (or substitute days) on which the following holidays are observed: New Year’s Day Queen’s Birthday Australia Day Labour Day Adelaide Cup Day Christmas Day Good Friday Proclamation Day The day after Good Friday Christmas Eve (From 7pm – Midnight) Easter Monday New Year’s Eve (From 7pm- Midnight) Anzac Day 19.4 Any other day which is declared or gazetted to be a public holiday in accordance with State or Territory legislation shall be a public holiday for the purposes of this clause.
19.5 Public Holiday Non-working day entitlement: a. Where an employee’s non-working day falls on a public holiday, by agreement, an eligible employee will receive another day off with pay within 28 days after the public holiday. b. The non-working day entitlement will not apply to the part-day holidays on Christmas Eve and New Year’s Eve.
c. The non-working day entitlement will not apply public holidays that fall on the weekend. d. The following employees will be eligible for the non-working day entitlement: i. full-time employees; ii. part-time employees rostered to work 20 starts in a 4 week cycle; and iii. part-time employees where the public holiday falls on a day of the week that the employee works in any week of their roster cycle. 20 LEAVE ENTITLEMENTS 20.1 Personal/Carer’s Leave a. In accordance with the NES, permanent employees shall accrue ten (10) days of paid personal/carer’s leave per annum, pro rata for part-time employees.
Personal/carer’s leave shall accrue progressively and will not be paid out on termination.
b. Employees shall endeavour to provide to the employer as much notice as is reasonably practicable of their intention to take personal/carer’s leave. c. Employees taking paid personal/carer’s leave may be required to provide reasonable evidence in support of personal leave upon request from the Employer. Failure to provide such evidence may result in the employee’s absence being unpaid. d. Provided that employees will not be required to provide evidence for up to two single days absences per year- except on the day before or after a public holiday. 20.2 Emergency Services Leave a. In accordance with the NES, employees in recognised voluntary emergency services (such as SES and CFS) will be entitled to time off to attend to emergency management activities.
b. Emergency services leave for employees attending emergencies in the local area will not be unreasonably restricted by the company or unreasonably accessed by the employee.
Munno Para Foodland Agreement 2018 Page 13 c. Permanent employees attending emergencies not in the local area are entitled to a maximum of 2 paid days. The employer may approve additional paid leave, depending on the seriousness of the emergency (e.g. major bushfire). d. Employees will provide the company with notice as soon as practicable and keep their manager informed about the time off needed. e. Permanent employees will provide the company with supporting documentation as evidence of their attendance.
f. Payment for Permanent employees will be at their Ordinary Hourly Rate for the hours normally rostered to work.
g. Casual team members can access unpaid emergency services leave. 20.3 Jury Service Leave Permanent employees shall be entitled to be absent from their employment for a period because of jury service and shall be paid at the base rate of pay for their ordinary hours of work during that period, less the amount paid to the employee by the Court in which jury service is being performed, for a maximum of ten (10) days.
20.4 Annual Leave a. In accordance with the NES, full-time and part-time employees shall accrue four (4) weeks paid of annual leave per annum, pro rata for part-time employees. Annual leave shall accrue progressively and shall be paid out on termination of employment. b. Annual leave shall be taken by mutual agreement with the provision of at least four (4) weeks notice to the Employer of the request to take annual leave. Requests to take annual leave with less than four (4) weeks notice shall be assessed and negotiated on a case-by-case basis. c. An employee whilst on paid annual leave shall receive the greater or either: • The ordinary rate of pay plus a leave loading of 17.5%, or • The ordinary rate of pay for the hours they would have worked including applicable loadings or penalties for such hours.
20.5 Compassionate Leave a. In accordance with the NES, full-time and part-time employees are entitled to two days of compassionate leave to spend time with a member of their immediate family or household who has sustained a life-threatening illness or injury. b. Compassionate leave may also be taken after the death of a member of the employee’s immediate family or household. c. An employee may take compassionate leave for each occasion as: ● a single continuous two day period or ● two separate periods of one day each or ● any separate periods to which the employee and the employer agree. d.
The employer may request reasonable supporting evidence from the employee. e. A casual employee is entitled to unpaid Compassionate leave.
Munno Para Foodland Agreement 2018 Page 14 20.6 Long Service Leave a. In accordance with the Long Service Leave Act 1987, employees (including casuals) shall be entitled to thirteen (13) weeks of Long Service Leave upon completion of ten (10) years of continuous service with the Employer. b. Employees who have completed seven (7) years of continuous service with the employer may be entitled to pro-rata Long Service Leave on termination of employment. Such entitlements shall be strictly in accordance with the Long Service Leave Act 1987. 20.7 Parental Leave and Related Entitlements Employees shall be entitled to Parental Leave and Related Entitlements in accordance with the NES.
20.8 Leave Without Pay Leave without pay shall mean an approved period of unpaid leave, which shall not break continuity of employment and which whilst not exhaustive, may include: a. An employee who is studying and requires time to attend exams; b. An employee who wishes to travel overseas or interstate for an extended period; c. An employee who requires time off to care for a sick or injured close relative; d. An employee who wishes to return to studies on a full-time basis. e. Any leave taken in accordance with this clause shall be subject to the following: i. Mutual agreement ii. The employer may require other appropriate leave entitlements and accrued time off in lieu including RDO’s to be exhausted.
f. Annual leave or sick leave entitlements shall not accrue during a period of unpaid leave. 21 TERMINATION OF EMPLOYMENT 21.1 In accordance with the NES, termination of employment (other than a casual employee) initiated by the Employer shall be in accordance with the following: Period of service Notice period Less than 1 year One (1) week notice More than 1 year but less than 3 years Two (2) weeks notice More than 3 years but less than 5 years Three (3) weeks notice More than 5 years Four (4) weeks notice 21.2 In addition, an employee over the age of 45 with more than two (2) years of continuous service shall receive an additional one (1) week of notice of termination from the Employer.
21.3 The Employer may choose to make payment in lieu of notice. 21.4 An employee (other than a casual employee) with less than 1 year’s service shall be required to give 1 week’s notice of resignation.
Munno Para Foodland Agreement 2018 Page 15 21.5 An employee (other than a casual employee) with at least 1 year’s service shall be required to give 2 week’s notice of resignation. 21.6 Failure by the employee to provide notice in accordance with the terms of this clause shall result in forfeiture from monies owed an amount equivalent to the notice period not provided to the Employer. 22 REDUNDANCY In accordance with the NES, an employee whose position becomes redundant shall be entitled to severance pay based upon their length of continuous service with the Employer in accordance with the following: Period of service Severance Less than 1 year Nil More than 1 year but less than 2 years Four (4) weeks More than 2 years but less than 3 years Six (6) weeks More than 3 years but less than 4 years Seven (7) weeks More than 4 years but less than 5 years Eight (8) weeks More than 5 years but less than 6 years Ten (10) weeks More than 6 years but less than 7 years Eleven (11) weeks More than 7 years but less than 8 years Thirteen (13) weeks More than 8 years but less than 9 years Fourteen (14) weeks More than 9 years but less than 10 years Sixteen (16) weeks More than 10 years Twelve (12) weeks Employee over the age of 45 with more than 10 years continuous service Sixteen (16) weeks 23 UNIFORMS AND PROTECTIVE CLOTHING Employees must present for work in a neat and businesslike manner: a.
Where the Company requires that special clothing such as uniform be worn the company shall provide the clothing at no cost to the employee.
b. The Company shall be responsible for the upkeep and laundering of garments such as aprons and other protective clothing required for the employee to perform their duties.
Munno Para Foodland Agreement 2018 Page 16 24 INDIVIDUAL FLEXIBILITY TERM 24.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a. the agreement deals with 1 or more of the following matters: i. arrangements about when work is performed; ii. overtime rates; iii. penalty rates; iv.
allowances; v. leave loading; and b. the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned above; and c. the arrangement is genuinely agreed to by the employer and employee. 24.2 The employer must ensure that the terms of the individual flexibility arrangement: a. are about permitted matters under section 172 of the Fair Work Act 2009; and b. are not unlawful terms under section 194 of the Fair Work Act 2009; and c. result in the employee being better off overall than the employee would be if no arrangement was made.
24.3 The employer must ensure that the individual flexibility arrangement: a. is in writing; and b. includes the name of the employer and employee; and c. is signed by the employer and employee and if the employee is under 18 years of age, signed by parent or guardian of the employee; and d. includes details of: i. the terms of the enterprise agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms; and iii. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e.
states the day on which the arrangement commences. 24.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
24.5 The employer or employee may terminate the individual flexibility arrangement: a. by giving no more than 13 weeks’ written notice to the other party to the arrangement; or b. if the employer and employee agree in writing — at any time.
Munno Para Foodland Agreement 2018 Page 17 25 CONSULTATION 25.1 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 Union, 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.
b. Employer to discuss change (i) The employer must discuss with the Union, employees affected and their representatives if any, the introduction of the changes referred to in clause 25.1.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 25.1.a.
(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. 25.2 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 award provisions concerning the scheduling of work and notice requirements.
Munno Para Foodland Agreement 2018 Page 18 26 DISPUTE RESOLUTION 25.1 If a dispute relates to: a. a matter arising under the agreement; b. the National Employment Standards or the Fair Work Act 2009; this term sets out procedures to settle the dispute. 25.2 An employee who is a party to the dispute may appoint a representative such as the union for the purposes of the procedures in this term.
25.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
25.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. 25.5 The Fair Work Commission may deal with the dispute in 2 stages: a. The FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and b. if the FWC is unable to resolve the dispute at the first stage, the FWC may then arbitrate the dispute; and make a determination that is binding on the parties.
25.6 While the parties are trying to resolve the dispute using the procedures in this term: a.
an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and b. an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be performed; or iii. the work is not appropriate for the employee to perform; or iv. there are other reasonable grounds for the employee to refuse to comply with the direction.
25.7 The parties to the dispute agree to be bound by a decision made by the FWC in accordance with this term. 26 OCCUPATIONAL HEALTH AND SAFETY The Company and the Union are committed to achieving and maintaining safe work environment for all employees in accordance with company policy, the Work Health and Safety Act and regulations. 27 AMENITIES 27.1 The Company shall provide and maintain first-aid equipment which will be under the control of the store manager or other appointed persons. 27.2 Where practicable, the Company shall provide locker accommodation for each employee.
Munno Para Foodland Agreement 2018 Page 19 27.3 The Company shall provide a lunchroom containing adequate seating accommodation with a supply of hot water, where practicable.
28 ALCOHOL AND ILLEGAL DRUGS 28.1 In accordance with the relevant employer policy, the use of alcohol or illegal drugs during working hours, including meal breaks, is not permitted. 28.2 An employee found to be under the influence, in possession, or in control of an illegal drug may be dismissed. 28.3 An employee found to be under the influence of alcohol may be dismissed. 29 UNION MATTERS 29.1 All new employees covered by this Agreement, shall upon induction be given an application form to join the Shop, Distributive and Allied Employees’ Association and any agreed literature provided by the SDA.
29.2 The employer bound by this Agreement shall permit the Shop, Distributive and Allied Employees’ Association, South Australian Branch, to post formal Union notices upon an appropriate notice board. 29.3 Union Delegates recognised by the union shall be allowed leave without loss of pay for ordinary working hours (excluding penalty payments) to attend trade union training courses conducted or sponsored by the Union. 29.4 A maximum of 6 days’ leave per annum per store shall be granted by the employer. 30 POSTING OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are easily available to all employees to whom they apply either on a noticeboard or other prominent location which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
Munno Para Foodland Agreement 2018 Page 20 Schedule A – Apprentices 1. Apprentices will be paid at the following rates: Competency level Rate Year 1 65% of Level 4 employee rate Year 2 85% of Level 4 employee rate Year 3 95% of Level 4 employee rate Year 4 95% of Level 4 employee rate 2. Where an employee is undertaking a three year apprenticeship 100% of the Level 4 employee rate will apply in any fourth year. 3. The minimum rates of pay for apprentices aged 21 and over and are in the first year of their apprenticeship must be 80% of the minimum rate for a Level 4 employee in clauses 10.1 and 10.2, or the rate prescribed by clause 1 of this appendix for the relevant year of the apprenticeship, whichever is the greater.
4. The minimum rates of pay for adult apprentices and are in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clauses 10.1 or 10.2, or the rate prescribed by clause 1 of this appendix for the relevant year of the apprenticeship, whichever is the greater. 5. An employee employed by the company under this Agreement immediately prior to entering into a training agreement as an adult apprentice with the employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the employee has been employed by the company for at least six months as a full-time employee or twelve months as a part-time employee or regular and systematic casual employee immediately prior to commencing the apprenticeship.
For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 5.2 in which the adult apprentice was engaged immediately prior to entering into the training agreement. 6. Where the Award imposes costs on the employer in relation to travel and education associated with their training the employer will meet those costs.
Munno Para Foodland Agreement 2018 Page 21 Schedule B- Shiftwork 1. Application of clause a. This clause will apply only to persons specifically employed as shiftworkers under this Agreement. b. This clause does not apply to an employee who is employed as a non shiftworker and who does additional hours or overtime. 2. Shiftwork definition—other than Baking production employees a. For the purposes of this clause shiftwork means a shift starting at or after 6.00 pm on one day and before 5.00 am on the following day.
b. Shiftwork does not include a shift which starts and finishes on the same day within the span of ordinary hours specified in this award.
c. All time between the actual commencing time and the actual ceasing time on any shift will count and will be paid for as time worked. 3. Rate of pay for shiftwork a. Any shiftwork performed between midnight Sunday and midnight Friday will be paid at the rate of 130% (155% for casuals) of the ordinary time rate of pay. b. Any shiftwork performed on a Saturday will be paid at the rate of 150% (175% for casuals) of the ordinary time rate of pay.
c. Any shiftwork performed on a Sunday will be paid at the rate of 200% (225% for casuals) of the ordinary time rate of pay. i. At the time of voting on the agreement there are several matters before the FWC, which were made under s156 of the Act, aimed at varying the GRIA. ii. In relation to shiftwork rates. If, as a result of those proceedings for shiftwork rates are decreased in the GRIA, then the lower rates will apply to the exclusion of the rates above. d. Where an employee elects to work on a public holiday shift then the provisions set out in clause 19 will apply for all hours of the shift.
e. For the purposes of this clause, where a shift falls partly on a public holiday, the shift which commences on the public holiday will be regarded as the public holiday shift. Provided that if the employee elects not to work on a public holiday shift such employee will be entitled to be absent without loss of pay. f. Provided that in any shop where it is mutually agreed between an employer and the majority of employees engaged under the provisions of this clause another shift may be substituted for the shift which commences on the holiday as the holiday shift and in such instance the provisions of clause 19 relating to such holiday will apply only to the day so substituted.
4. Baking production employees – Early morning shifts a. A baking production employee who commences a shift at or after 2:00 am and before 6:00 am will be entitled to an early morning shift allowance of 12.5% (37.5% for casuals) for the shift. b. A baking production employee who commences a shift prior to 2:00 am will be entitled to a night shift allowance of 30% (55% for casuals) for the shift.
c. The rates of pay for Saturday, Sunday and public holidays will be the same as for other shiftworkers. d. These allowances apply instead of shiftwork allowances and overtime payments for all hours up to 38 hours per week and nine hours per day. 5. Rest breaks and meal breaks Notwithstanding the provision of clause 18 all rest pauses and meal breaks taken by shiftworkers are paid breaks and form part of the hours of work. 6. Rosters a. Shiftwork rosters cannot be varied so as to avoid the provision of the public holiday entitlements of shiftworkers.
b. Rosters of shiftworkers cannot be arranged so as to have the shiftworker work both shiftwork and non shiftwork in the same week.
Munno Para Foodland Agreement 2018 Page 22 SIGNATORIES TO MUNNO PARA FOODLAND AGREEMENT 2018 Signed for and on behalf of The Shop Distributive and Allied Employees Association, South Australian Branch Name: Gerard Dwyer Position: National Secretary Level 6, 53 Queen St, Melbourne, Vic Date: / /2018 In the presence of Name: Position: Date: / /2018 Signed for and on behalf of Munno Para Foodland Name: Phillip Funnel Position: Executive Manager 600 Main North Rd, Munno Para, SA Being duly authorised to sign on behalf of the Company Date: / /2018 In the presence of Name: Position: Date: / /2018