Peters Creameries (WA) Pty Ltd Brunswick (Enterprise Bargaining) Agreement 1994

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“peters Creameries (WA) Pty Ltd Brunswick

(Enterprise Bargaining) Agreement 1994”

No. AG 112 of 1995

1. - TITLE

This agreement shall be known as the “Peters Creameries (WA) Pty Ltd Brunswick (Enterprise Bargaining) Agreement 1994”, No. AG 112 of 1995.

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Area and Scope

4. Incidence and Parties Bound

5. Operation of Agreement

6. Relationship to Parent Awards

7. Single Bargaining Unit

8. Commitments

9. Background

10. Flexibility Clause

11. Contract of Employment

12. Flexible Working Provision

13. Spread of Hours

14. Dispute Settlement Procedure

15. Movement in Wages

16. Meal Allowance on Overtime

17. SQP Programme

18. Parental Leave

19. Equal Employment Opportunity

20. Introduction of Change and Redundancy

21. Training

22. Deleted

23 Signatories

Appendix - Resolution of Disputes Requirements

APPENDICES

A. Wages - Existing Classifications and Rates

B. SQP Consultative Committee Constitution

C. Parental Leave

D. Key Performance Indicators

E. Equal Employment Opportunity and Affirmative Action Programme

F. Flexible Working Provision - Employees

3. - AREA AND SCOPE

(1) The area and scope of this agreement shall be that prescribed in the Clerks’ (Wholesale and Retail Establishments) Award No. 38 of 1947, the Metal Trades (General) Award 1966 (No. 13 of 1965), the Dairy Factory Workers’ Award 1982, No. A15 of 1982 and the Transport Workers’ (General) Award No. 10 of 1961.

4. - INCIDENCE AND PARTIES BOUND

(1) This agreement shall be binding on the parties to this Agreement individually and collectively and shall apply to all persons employed at Peters Creameries (WA) Pty Ltd, Brunswick who are members, or eligible to be members of the organisations of employees party to this agreement and who are covered by any award detailed in subclause (3) of this clause.

(2) The parties to this Agreement are:

· Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Miscellaneous Workers’ Division, Western Australian Branch.

· Metal and Engineering Workers’ Union - Western Australian Branch.

· Australian Municipal, Administrative, Clerical and Services Union of Employees, WA Clerical and Administrative Branch.

· Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch.

· Peters Creameries (WA) Pty Ltd

(3) The Awards which at 14/12/94 covered Peters Creameries (WA) Pty Ltd at its Brunswick operation are:

· Dairy Factory Workers’ Award 1982, No. A15 of 1982.

· Metal Trades (General) Award 1966 (No. 13 of 1965).

· Clerks’ (Wholesale and Retail Establishments) Award No. 38 of 1947.

· Transport Workers’ (General) Award No. 10 of 1961.

5. - OPERATION OF AGREEMENT

(1) This Agreement shall operate from the commencement of the first pay period on or after 14/12/94 and shall remain in operation until 14/12/96.

6. - RELATIONSHIP TO PARENT AWARDS

(1) This Agreement shall be read and interpreted wholly in conjunction with the relevant award/s as identified in subclause (3) of Clause 4. - Incidence and Parties Bound, of this Agreement.

(2) Where there is any inconsistency between this Agreement and any relevant award, this Agreement shall prevail to the extent of any inconsistency.

(3) This Agreement in addition to the Award/s as identified in Clause 4. - Incidence and Parties Bound, subclause (3), will replace any other agreement/s registered or unregistered.

7. - SINGLE BARGAINING UNIT

(1) The Unions party to this Agreement, with the employees covered by the relevant awards, have formed a single bargaining unit.

(2) The single bargaining unit has endorsed the terms of this Agreement.

(3) The single bargaining unit shall be provided by Peters Creameries (WA) Pty Ltd Brunswick with all relevant information to enable effective monitoring of the implementation of initiatives identified in this Agreement.

8. - COMMITMENTS

(1) The Company recognises the concerns of employees and the Unions regarding job security. The Company believes that true participation through the Safety, Quality and Productivity Program (“SQP”) is the way to ensure a future for the employees with the Company.

(2) The parties undertake that the terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise.

(3) This Agreement shall not operate to cause any employees to suffer a reduction in ordinary time earnings, or to depart from the standards of the West Australian Industrial Relations Commission in regard to hours of work, annual leave with pay or long service leave with pay.

(4) The parties undertake that the increase referred to in Clause 15. - Movement in Wages of this Agreement will be the only increase to apply during the life of the Agreement provided that further increases may result from real productivity improvements implemented and quantified by the SQP consultative process and/or in accordance with the State Wage Principles.

(5) The parties will assess the achievement in productivity and efficiency during the terms of this Agreement.

(6) The parties agree that following the process of reviewing this Agreement it will be renewed or replaced.

(7) The parties commit to oppose any attempt by any other person, employees or organisation to become a party to this Agreement.

(8) It is agreed by all parties that the issue of loading and unloading tankers by other than Australian Liquor, Hospitality and Miscellaneous Workers Union members outside of normal hours shall be negotiated and resolved no later than three months from ratification of this Agreement.

9. - BACKGROUND

In 1955, Peters Creameries began operations on the present site manufacturing cheese and milk powder and packing liquid products for the local market.

Many changes have taken place over the years, but in the past 3 years, there has been a major rationalisation of dairy operation on the two sites, at North Perth and Brunswick, with all liquid milk and juice processing being relocated to North Perth, and Brunswick site taking responsibility for cultured products.

The products produced at Brunswick include: yoghurts, desserts, dips, cottage cheese, cheddar, flavoured cheeses and creams. These products are all processed and packaged at Brunswick for the domestic market and international markets.

Products produced at Brunswick are now at the forefront of dairy products produced and sold in WA.

Employees at the Brunswick operation take great pride in work performed, and it is through their commitment to responding to change which has enabled the operation to continually improve products and processes.

From the outset, the Company has recognised that if it is to continue to succeed in local, national and international markets, it must produce world class products. Achieving “Best International Practice” requires the methodical re-examination of all aspects of the business by all employees and the continuous improvement in processes and productivity. The vehicle designed to develop these improvements is SQP.

10. - FLEXIBILITY CLAUSE

(1) All parties to this Agreement commit themselves to a process of developing a work place free from unnecessary demarcation where employees can use their skills and competence to the fullest extent.

(2) It is recognised that trades personnel, unless otherwise agreed, will enhance their skills in those recognised generic trade categories utilised within the enterprise.

(3) It is also recognised the breaking down of demarcations and increased flexibility of the workforce will be achieved through consultations where the relevant issues will be examined.

(4) In this regard, employees agree to carry out a range of duties which may or may not involve the use of selected tools, plant and equipment as agreed to by the Consultative Committee, the Union and the Company and subject to employees being fully trained and the duties safe, legal and within their skill and competence and within their classification to perform. For example, discussions and consultations will occur to examine which additional minor maintenance tasks on machines could be handled by Production Operators.

11. - CONTRACT OF EMPLOYMENT

(1) An employee may be engaged as:

(a) A full-time employee engaged to work 38 hours per week (excluding overtime).

(b) A part-time employee, engaged to work regular weekly hours subject to:

· the maximum weekly ordinary hours (ie: exclusive of overtime) to be 38.

(c) A temporary employee, engaged to work for a fixed term determined in advance on a full time basis.

A temporary employee will be used to replace employees who are absent from work due to Long Term Illness, Workers Compensation, Long Service Leave, or otherwise as agreed between the employer and the Union.

(d) A seasonal employee, engaged to work flexible hours during the year to meet seasonal requirements.

Seasonal employees will be paid in accordance with provisions which apply to permanent full time or part time employees.

(e) A casual employee, engaged by the hour subject to:

· the maximum weekly ordinary hours (ie: exclusive of overtime) to be 38.

Such employment shall be for a period of up to one month or for a period exceeding one month in consultation with the Union.

(2) Where practicable, the Company will notify casual employees and seasonal employees that they are not required to work on the next working day. If a casual or seasonal employee presents for work on a day on which he or she might reasonably have expected to be required for work without having been notified by the Company in accordance with this subclause that he or she is not so required, then such an employee will receive two hours pay at the appropriate casual rate.

(3) Probationary Employees

(a) the Company will advise an employee on or before commencement whether the employee is engaged for an initial probationary period, and if so, the length of the probationary period;

(b) regular performance reviews will be conducted during the probationary period;

(c) any performance deficits will be addressed and the employee will be allowed an opportunity to correct those deficits.

(d) the purpose of the probationary period is to allow both the Company and the employee to decide whether to continue the employment beyond the probationary period, and therefore the employee will be advised that employment beyond the probationary period is not guaranteed.

(e) if, at any time during the probationary period, either the employee or the Company give one week’s notice of termination of the employment, the probationary employee’s employment will end; and

(f) if, at the end of the probationary period, a decision is made not to offer further employment, the probationary employee’s employment will end.

(4) It is a condition of employment that each employee must:

(a) perform work as the Company, may, from time to time, reasonably require having regard to the limits of the employee’s skill, competence and training within their classification;

(b) perform the full range of duties within the employee’s classification, including any duties as may be directed by the Company having regard to the limit of the employee’s skill, competence and training within their classification;

(c) perform work without regard to any demarcations or limitations, providing the work to be performed is within the employee’s skill, competence and training within their classification;

(d) transfer between various departments without restriction providing the duties are within the employees skill, competence and training;

(e) work reasonable overtime as may be required by the Company;

(f) comply with all safety regulations, policies and procedures determined by the Company or as prescribed by Government Regulation;

(g) use as directed by the Company all protective clothing and equipment provided by the Company; and

(h) observe all the Company regulations, policies and procedures.

(5) Disciplinary Procedure

(a) Where an employee engages in unsatisfactory conduct the Company may, as appropriate:

(i) informally counsel the employee

(ii) verbally warn the employee;

(iii) warn the employee in writing;

(iv) suspend the employee without pay; or

(v) dismiss the employee with notice or with pay in lieu of notice.

(b) Where a representative of the Company engages in any discussions with an employee concerning any conduct of an employee which may lead to dismissal or other disciplinary or counselling measures being taken by the Company, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. The representative of the Company will remind the employee of that entitlement at the beginning of the discussion.

(c) When counselling or warning an employee concerning unsatisfactory conduct engaged in by that employee, the Company’s representatives will:

(i) specifically identify the conduct complained of;

(ii) explain why the conduct is unacceptable by the Company; and

(iii) explain the consequences if the employee again engages in that unsatisfactory conduct.

(d) No record will be kept by the Company of informal counselling of an employee. Where a record is kept by the Company of a verbal warning given to an employee the employee and any other employee or Union representative present will be given the opportunity to verify the accuracy of the record within a reasonable time of the warning being given.

(e) Nothing in this clause affects the Company’s right to dismiss an employee without notice for misconduct which justifies summary dismissal.

(6) Performance Counselling

If the Company considers that the performance of any employee is unsatisfactory, the Company’s representative will:

(a) Discuss the matter informally with the employee with a view to identifying ways in which the performance of the employee could be improved. Specifically, the Company’s representatives and the employee will discuss:

(i) the areas of the employee’s performance which are unsatisfactory;

(ii) the reasons for the employee’s unsatisfactory performance;

(iii) the steps available to the Company which would assist the employee to perform satisfactorily, which may include arranging for the employee to receive training or additional training or altering the employee’s working conditions; and

(iv) the steps available to the employee to remedy the unsatisfactory performance.

During any such informal discussions, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. The representative of the Company will remind the employee of that entitlement at the beginning of the discussion.

(b) If, after informal discussions, the Company still considers that the performance of the employee is unsatisfactory, advise the employee in writing of: