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CONTENTS

1.2.?

4.

A

7.no

10.

11.12IJ

1Al -

15.to.

47

18.19.20.

21.22.23.24.25.to

27.28.29.30

33333

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MEDICAL roD EYESIGHT EXAMINATIONSPROTEruE CLOTHING AND FOOTWEAR

NCY ARRANGEMENTSDOWN PROCEDURE

DONMENT OF EMPLOYMENT37. ERMINATION OF EMPLOYMENT

OCCUPATIONAL HEALTH AND SAFETYPROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTESDISCIPLINE POLICY AND PROCEDURETRADE UNION TRAINING LEAVEAGREEMENT COMPLIANCENEGOTIATION OF SUBSEQUENT AGREEMENTCONSULTATIVE COMMITTEEFLEXIBIILITY

212222222424252626272829303031

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40.A1

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i#:#itfi;? ;itirr,l : i#bi;?*X#j'?"COMPANY PHILOSOPHYPARTIES BOUNDCOVERAGE OF AGREEMENTRELAT IONS H I P W ITH NATIONAL EMPLOYM ENT STANDARDS

GENERAL PRINCIPLESRESPONSIBILITIES OF THE COMPANYRESPONSIBILITIES OF THE EMPLOYEEANTI-DISCRIMINATIONINTRODUCTION OF MAJOR CHANGEMULTI-SKILLINGH'H "EihJH.H

' :WAGE RATESPROBATIONARY PERIODCLASSIFICATIONSALLOWANCESWORKING ARRANGEMENTSBREAKSOVERTIMESHIFT WORKWEEKEND WORKANNUAL LEAVE

1$#gHffi"i,itii-i#.S,& Eliig;,P.n ,_H $PERSONAL/CARER'S LEAVEBE REAVEM ENT/COMPASS IONATEPARENTAL LEAVEJURY SERVICELEAVE WITHOUT PAYPUBLIC HOLIDAYS

^qJq$l'"n)-ffi

Page 2 of 32

-Wffi&&1. COMPANY PHILOSOPHY

The objective of this agreement is to facilitate a working environment at Somerton National DistributionCentre which delivers excellent customer service through exceptional quality and productivity. Fundamentalto this agreement is team work and the mutual respect which exists between the Company and itsemployees. All employees will receive training and assistance to enhance their personal development.

It is recognised by all parties that mutual benefits and job security will be derived through a climate ofcontinuous improvement and the acceptance of new methodologies and technology. The Companyrand

This Agreement shall appJy to operational staff - these staff all team members who are engagedin performing the following functions, but are not limited to-;

3.

Goods receipt, putaway, picking andfunctions. This agreement doesemployees, employed on the site.

replenishment and dispatch and activities supporting theseor clerical/administrationanagement grades

and ooerate unti l 1 Julv 2015.

STANDARDS

read and interpreted in conjunction with the National Employmentthat where there is any inconsistency between this Agreement

ore beneficial provision to an employee shall take precedence.

is located in this

not refer to

This Agreement shall come into force on

4. RELATIONSHIP WITH N

4.1 This

Union will in all cases ensure compliance with current legislation and best practice. The partiqffn$ thisagreement willagree to measures that protect the health, safety and welfare of its employees, thgpUbli!gndthe environment. ' \ Y

2. PARflES BouND nt*This Agreement is binding on: fr W

L/\

2.1 The National Union of Workers ("the Union"); N2.1 The National Union of Workers ("the Union"); ry2.2 Toll Customised Solutions, a registered trading division of Toll TrangcotlftSruFtd; and2.3 all Operational Team Member Employees whose employment is, aftfrfqpwhen the

Agreement is in operation, subject to the Agreement, and at loga{ion U$on Road, Somerton.\&

COVERAGE OF AGREEMENT ..^ \I

The follAgreem

nes each Employment Standard and where each provision

\* 7 National Employment Standard Clause'Mlr4fxim um weeklv hours 15

xl nrs 453. Entitlement to unpaid Parental Leave 234. Annual Leave 205. Paid Personal/Carer's Leave and Comoassionate Leave 21 -226. Communitv Service Leave 277. Lonq Service Leave 288. Public Holidavs 269. Notice of Termination and Redundancv Pav 37 &3410. Fair Work Information Statement 12

Page3 of32

-Yvy{L5. GENERAL PRINCIPLES

The objectives of this agreement are:

5.1 To establish a set of workable terms and conditions producing a highly motivated workforcewith cleady defined targets and goal attainment through flexibility and high levelp ofproductivity.

5.2 The refinement and removal of any inefficient work practices.

5.3 To promote and maintain mutual trust and co-operation between the Compan{aTd itsemployees.

\' V5.4 To establish procedures by which matters affecting these relationships ca(\Jbt'witn

effectively and speedily. nN

l )5.5 To recognise that all employees have a valued part to play in the sucqgss dftne Company

and to encourage their participation. ^"KJ

i

5.6 The development of a totally multi-skilled and integrat"o *$*rpdffio to a high level oftechnologicalcapability. \N)t

- - r ) l5.7 An environment in which employees feel safe, secure@artbf a "Team".t^ \J

5.8 An environment that removes demarcation of r&both now and into the future.

To this end both parties agree on the

To establish and maintain aproductivity and competitiflexibility.

To avoid any

To seektheir acti

committed to high levels of quality, ls of customer service. staff attitudes and

the continuity of service.

ntribution of all employees in furtherance of these goalp byt in Team Forums or similar opportunities.

6.

{ r .VTo resfud prtOtV and quickly to changes in demand for the Company's services.

T" bff open and direct communication with all employees on matters offlmutult interest and concern through both team briefing and consultation. is\-X )u use the 'procedures for the avoidance of industrial disputes' to resolve disputbs

OF THE COMPANY'7

To ensure that managers at all levels are committed to the spirit of the agreement and theachievement of its objective.

To take full part in consultative procedures to facilitate necessary changes for increasedproductivity and customer service.

To provide equitable remuneration.

To provide the training necessary to enable staff to develop and meet changes.

To support with the Union the operation of the agreed procedures and arrangementscontained in this agreement.

.2

6.3

6.4

6.5

Page 4 of32

7.

wffie&,RESPONSIBILITIES OF THE EMPLOYEE

7.1 An employee is to carry out duties within the limits of that employee's skill, competence andtraining. The Employer shall exercise the right under this clause to ensure that the duties tobe undertaken by the employee are not designed to promote de-skill ing.

7.2 In order to achieve the objectives of this Agreement, it is agreed inat emptoyees will need tobe able to fulfil all of the inherent duties and will be multi-skilled across functions, accounts(contracts) and classifications. The Company will ensure that adequate training has takenplace to ensure that such a degree of multi-skill ing can occur and will implement flexiblework structures / rosters to give various individuals or work groups time to

7.3a regular basis. 1\ \ ]The performance standards will be reviewed in order to ensure that the! aleyelevant withrespect to the volume of work to be completed, and the changing need;gf th&business.

8.

7.4

7.5 Performance standards willinformation. Any concernsoperational managers.

ANTI.DISCRIMINATION

be established and placed on for all employeeabout the performance be discussed with

It is the intention of the parties to help prevent and eliminate tion on the basis of race, colour, sex,sexual preference, age, physical or mental disability, family responsibilities, pregnancy,religion, political opinion, national extraction or social or

dance and settling clause, the respondentssions of this agreement nor their operation are

Nothing in this clause is to be taken to

Any different treatment (or treatm effects) which is specifically exempted under theCommonwealth anti-discrim inati

An employee, Employer or regi , pursuing matters of discrimination in any State or federaljurisdict ion, including by the Human Rights and Equal Opportunity Commission.

OR CHANGE IN THE WORKPLACE

notify

the employer has made a definite decision to introduce major change in production,m, organisation, structure or technology that is likely to have significant effects on

ployees but is out of the employees control, the employer shall notify and consult in goodfaith with the employees who may be affected by the proposed changes and the union ofthe affected employees.

9.1.2 Significant effects include redundancy, major changes in the composition, operation or sizeof the employer's workforce or in the skills required; the elimination or diminution of jobopportunities, promotion opportunities or job tenure; the major alteration of operationalhours of work; the need for retraining or transfer of employees to other work or locations,andthe restructuring of jobs. Where the agreement makes provision for alteration of any of thematters referred to herein an alteration shall be deemed not to have significant effect.

9.

9.1

Accordingly, in fulfil l ing their obligations under the dmust make every endeavour to ensure that neitherdirectly or indirectly discriminatory in their eff,

Page 5 of32

9.2

-Y$#gL&,Employer's duty to discuss change

9.2.1 The employer shall discuss with the employees affected and the union about' theintroduction of the changes referred to in clause9.1.1, the effects the changes are likely tohave on employees, measures to avert or mitigate the adverse effects of such changes onemployees and shall give prompt consideration to matters raised by the employees and/orthe employee representatives of the affected employees' choice, which may include theunion, in relation to the changes.

g.2.2 The discussions shall commence as early as practicable after a definite decision has beenmade by the employer to make the changes referred to in clause 9.1.1.

n

Once the commercial impact has been defined, the discussions shall "omt"qJ\" ^W^"possible. These discussions will be in consultation with the affected empl{\ a'}d their

representative this may include the union. qlJ

For the purposes of such discussion, the employer shall provide in wrjtigg toffie employeesconcerned all relevant information about the changes including thattl$fe of the changesproposed: the expected effects of the changes on employees anddnl$frer matters likely toaffect employees. The employer shall not be required to disqlold\ffdential informatiora thedisclosure of which would be detrimental to the employer's

9.2.3

10.2 The Company mayThe roster will be as

10. MULTI.SKILLING

The Parties are committed to a program of skill enhancement

10.1 Increased productivity and flexibility in the BusiA workforce of multi-skilled Employees able tothat supports and enhances our employees

to provide:

with more fulfil l ing jobs for Employees.full range of tasks required in the Business,personal development goals.

training of Employees in other areas of ,Toll.and the Employee.

below within sub-clause 11.1. The Agreement provides foryear of the Agreement. These increases will take effect as

introduce amutually

11. WAGE RATES

Team Members'hourlv rates offurther wage and allowancefollows:

A 3.0% incr

11.1

(a)

(b)

(c)

will be applied from the first pay period on or after 2 July 2013.

increase will be applied from the first pay period on or after 2 July 2O14.

- weekly employees

Grade 1 (first3 months)

ls one who can perform multipleski l ls

Grade 2(after 3months)

Is one who has successfullycompleted their probationaryperiod and can perform multipleski l ls at a basic levelwith a

ee of responsibi l i t

Pase 6 of32

wffee11.2 Casual employees

11.1'1 A casual employee shall be paid 1/38 of the ordinary wage rate for the class of workperformed plus 25 percent casual loading.

11.1.2 A casual team member whether employed directly or indirectly on a systematic, consisteniand continuous basis for a period of '12 months or longer, maybe eligible for a permanentteam member position when a shift pattern becomes available.

Direct casuals who are eligible, will be given firsi consideration for a permanent positionsubject to satisfactory performance, when such a position becomes available.

11.1.3 ln addition to their casual loading, casual workers, engaged by theemployer, will be employed on the same terms and condltions as appty to otlft )employees who are covered by this Agreement other than paid leave.

fr\)11.1.4 A casual employee must work and or be paid a minimum engagerlgnt M4 hours after

arriving at the place of employment when called or scheduled. .nKJ

11.1.5. The casual loading will be paid in addition to any snin arc,qaf&%xcept overtime andcalculated at the ordinary time rate.

\f11.1.6 A casual employee wil l not be paid the casual toaOin@qg dert ime hours.

^\J11.3

d \-/Casuals not employed directly by the Employer {" b,w11.3.1 Direct engagement shall be the pripdplp.pfu preferred method of employment for allworkers inctuding casuats. (3/

12.

12.1

PROBATIONARY PERIOD & RELA

All permanent full-time em anent part-time employees shall be placed on a 3Calendar months probation n successful completion of all training and attaining asatisfactory standard ofbe eligible to move toaccordance with the out in Grade 1 of this Aoreement.

ent of employment, the Company will provide all new Team Members with aent developed by the Fair Work Ombudsman. Del ivery of this document may be,

imited to del ivery in person, sent to the Team Member's mai l ing address or via emai l .

lncluding STRIVE values and behaviours, the employee willhilst in the probationary period the employee will be paid in

12.2

13.1 Warehousing employee Grade 1

(a) Points of entry

( i )

( i i )

Successful completion of appropriate training and induction course.

Registration as appropriate for the operation of machinery in the NationalDistribution Centre.

(b) Skills/duties

PageT of32

YutrT,3,Responsible for the quality of their own work subject to detailed direction.Works in a team environment and/or under routine supervision.Undertakes duties in a safe and responsible manner.Exercises discretion within their level of skills and training.Possesses basic interpersonal and communication skills.Must be competent to perform the following tasks: i

. storing and packing of goods and materials in accordance with appropriateprocedures andior regulations; l

r pr€p?ration and receipt of appropriate documentation including lia lwithsuppliers;

13.2

iableto work from com and procedures.Competent and voice pick skills, RF ad Pick by lightSound worki of all warehousing/stores duties:storing anffftckilf,of goods and materials in accordance with appropp'iate

Understands and is quality control standards and requirements.Possesses an adv interpersonal and communication skills, and

preparruSnd recetpt ot appropnate documentation including liaison r

:ii5mk"nd retrieving soods from specific warehouse areas;WMSbperation:

proced ugee ffiegu lations ;license{ ofdgfr'n of all appropriate materials handling equipment;prePard{U-Jnd receipt of appropriate documentation including liaison rwith

WMSpLration;R"ck bV light and RF equipment;fleriodic housekeeping and stock checks;use of tools and equipment within the warehouse (basic non trades maintenance.)able to co ordinate work in a team environment under limited supervision. jmust be able to perform all of the inherent duties of a team member without riskjuse of a wMS for purposes such as the maintenance of a deposit storage sysiem,information inpuUretrieval, etc;development and refinement of a store lavout; ,

- may possess a duly recognised First Aid Certificate.- may be responsible for the proper application and maintenance of appropriate

Occupational Health and Safety standards.

13.3 Warehousing Employee - Training Team Manager

(a) Point of entry

(i) Successful experience performing as a Team Member ,(ii) Sound working knowledge of all warehousingistores duties performed by a TLam

Member

Page 8 of32

ruA[e

: *t li:ii,l'ffirilffi::::'""" ryr periodic housekeeping and stock-checks; O , ?

. Must be able to fulfil all of the inherent duties of a Tnhldember^r[ . ]

Warehouse employee Grade, ,{$i'

(a) Points of entry 6s )

/ i l Q'nnaoof,r l nnmnln+i^n ^f ^ '^k^+i^^^-, ^^4,

\J(i) Successful completion of probationrry B@0. \l

(ii) Proven and demonstrated skitts ",$dia"h'ouired

of this grade,fq**

(b) Skil ls/duties ..€ F .v

-Yfffi#&&(ii i) Proven and demonstrated skills to the level required for the position

(b) Skills/duties

ability to supervise and provide direction and guidance to other employees includingthe ability to assist in the provision of on the job training and induction ,will perform work requiring responsibility for the supervision, conduct and worik ofother employeesability to liaise with management, suppliers and customers with respeot towarehousing operationsmaintaining control registers including inventory control and being respoffile forthe preparation and reconciliation of regular reports for stock ryoVenlegts,despatches, etc. \ Y

: yH:3: :ffi:?J::f#l[""'lfff:'#TiJ6 ]eam Memberpffis&14. ALLOWANCES V

f , v

i4.1 Meaial iowance lnv, '{N}Where an employee has not been provided with either 24 hours notice or'dffiing the previous shift ofthe requirement to work overtime, an employee will be entitled to the Rg6nentS S1q.Zg meal allowancei

In the event a Night shift employee is required to undertake $ertffior more than one hour, at thetn Lf le evenr a r\tgnr Dnm emptoyee ts requtred to undertaKe.l#ertinbtor more Icommencement of their shift. A meal allowance as describeO i1{fue 14.1 will apply.

\y14.2 First Aid allowance

An employee who hasaid qualifications suchallowance if appointed

been trained to render firstas a certificate from the St.

is the current holder of the appropriate firstbulance or similar body shall be paid a weekly

Attendant.by the employer to act

14.3 Training Team Manager (TTM)

14.3.1 TTM alperform i

allowance if appointed by the employer toManager.

a paid weeklya Training Team

First Aid allowance $1 0.1 3 $10.83

TTM allowance

Page9 of 32

-trgE &9.14.5 Travelling, transport and fares allowance

lf an employee is required by his/her employer to commence and finish work at a place away from his/herusual place of employment on any day, the employee in such case shall be reimbursed by the employer forthe difference between the fares and travelling time so involved and that which would usually apply had theemployee attended at hislher usual place of employment. Where the employer provides transport frde ofcost to an employee and the employee travels as a passenger in such conveyance provided by theemployer, then the employee shall receive half ordinary time for all time occupied in such travelling outsidethe normal hours.

14.6 All scheduled increases in allowances as outlined in this agreement shall be applied inpay period after the dates shown at clause 14.4

n\V

15. woRKrNG ARRANGEMENTS n},

15.1 Ordinary hours of work * Vw\

The ordinary hours of work under this Agreement are 38 hours per week, ptu, r$fe additional hoursas required by Toll. Ordinary hours will be Monday to Sunday from 6:00 a.n. lproW.m. exclusive of mealas required by Toll. Ordinary hours will be Monday to Sunday from 6:00 a.1q q$+P.m. exclusive of rnealtimes and may be worked on one of the following bases: '\\J'

ncJ- 38 hours within a work cycle not exceeding 7 con$ql*\te days; or .

,^ \J76 hours within a work cvcle not exceedi nsecutive days; or

1 14 hours within a work cycle not consecutive days; or

152 hours wiihin a work cycle n 28 consecutive days.

15.2 Working of ordinary hours

The ordinary hours of work prescribedMonday to Sunday inclusive.

15.3 lmplementat ion of 38-

e worked on any day or all of the days of the week,

The 38 hour week will be imfl*emdl$dd by having a 38 hour spread over 4 or 5 working days with amaximum of 10 hours and 4qi.nfunf of 4 hours worked on any given day.maxrmum 01 1u nours and atH#ufiI ot 4 nours worKed on any grven day.

The method of imolegfntatiolfoftne 38-hour week may be any one of the following:he method of impleg€ntatio\of the 38-hour week may be any one of the following:

^{\-{ .F. 'y $ployees working less than ten ordinary hours each day; orY'

'vs, 'v '

p'.YY employees working less than ten hours on one or more days each week; or

- ro1&.V- By fixing one weekday on which all employees will be off during a particular work cycle;

nv o'V - By rostering employees off on various days of the week during a particular work iycle

' so that each employee has one week day off during that cycle.

15.4 Method of implementation of 38-hour week at discretion of Employer

The method of implementation of the 38-hour week shall be at the discretion of the Employer who shallnominate which method of implementation. The Employer shall not subsequently alter the method ofimplementation without advising the employees subject to the alteration at least seven days in advance ofthe date on which the altered method of implementation is to take effect. ,

i

Page 10 of32

wffie15.5 Different methods of implementation of 3g-hour week may appry

Different methods of implementation of a 38-hour week may apply to various groups or sections ofemployees of the Employer.

15.6 Span of hours

The ordinary hours or work prescribed herein shall be worked continuously, except for meal breaks, at thediscretion of the Employer between 6.00 a.m. and 7.00 p.m.

15.7 Changing ordinary hours of work " f\

^\VOnce having been fixed the roster cycle covering an employees ordinary hours of work, indil&aqlre startand finish times, shall not be altered by the Employer, subject to Clause 18.4 without theg6&av& qivinq atleast 7 days notice to the employees concerned or by mutual agreement. t ttrr'-

f f r '15.8 Part t ime employmen ryPart time employees may have their ordinary hours rostered over a four (4)Wedfu&iin accordance with a

regular pattern. W

The employer may employ permanent part-time employees in "n@ififation

in this Agreement. Apermanent part{ime employee is an employee who: "h \.Jemployee ts an employee who: "h L-/

Works less than futt-time hours of se f,ouf6gfu"k; andHas reasonably predictable hours of yr€q@[Receives, on a pro rata_basis,

"qg$T'flb?y and conditi<Receives, on a pro rata basis, eqqXdlq&?yind conditions to fulltime employees who

do the same type of work. Q?

t

A full time employee will be permitted to convqrt$qfuDtime employment by agreement in writing with theCompany. An employee may transfer back lgfDllt\femployment by agreement, when a shift is lvailabte,with the Company and such transfers mug*d\@olded in writing.

Employment will be deemed to be g{inilfog*or annual leave, long service leave, sick leave and serviceaward purposes.

Overtime payments apply wh in excess of the weekly maximum ordinary hours (38 hours),ordinary dai ly hours (10 ho

15.9 Flex Up

A.\ &

tr 9.1 ppart time employee's working hours may be increased (flexed-up) above rosteredk \, hours by mutual agreement. Such addit ional hours wil l be paid at the employee'g

SryX ordinary rate of pay.

&*hu n, The company will offer permanent part time employees the opportunity to increase

\\. !tl":^ry1]1"11*?rfl!9,!oy!.,.rp to 38 hour workins week, before any w_ork is,r&\ (flex-up) their working hours, up to 38 hour working week, before any work is\ l ' offered to casual employees in any week, provided such employees indicate to

\/ management by Friday of the preceding week that they are available to be flexed-up.

15.9-3 In addition to the above, permanent part-time employees will be given thefirst opportunity to accept extra work on a daily or ad hoc basis within a 3B hourworking week. Notice for this type of work will be twenty-four (24) hours or lessdepending on the nature of the extra work. In the evenf that the extra work is no,longer required, the company will give a minimum two (2) hours notice to cancelthis work.

Page i 1 of32

16.

Tg&E15.9.4 lf a permanent part-time employee works a regular and systematic pattern of 38 or

more hours per week for 85o/o of any twelve (12) month period (12 months equalling48 working weeks), then full{ime employment will be offered to such an employeeon an individual basis depending on individual performance. ,,

15.9.5 Permanent part time employees will be considered first for selection to a full timeposition, if, such a position becomes available, based on Company recruitmentrandselection criteria.

BREAKS

16.1 Meal breaks

An employee shall not normally work for more than six hours consecutively without an unpai

Meal breaks shall be unpaid and for 40 minutes duration.

16.2 Rest pauses

16.3 Cr ib t ime

time and such break shall be counted as w\$Ed. The Employer and employee may agree toianyvariation of this provision to meet the ci bf the work in hand, the Employer shall not be requiredto make any payment in respect of any in excess of twenty minutes.

Employees shall be entitled to a paid rest pause of 15 minutes durationif rgft[*1o work more than 4hours. The break will be taken within the first 4 hours at a time assigned ny'lSifiany. i

Where the employee has not been provided with either 24 nours noti&ot* Ouring the previous shift ofthe requirement to work overtime, an employee will be entitled lFthe fuyhent of a meal allowance whentne requlrement to work overtime, an employee will be entitled lFthe pgytnent of a meal allowance whenrequired to work more than one hour beyond their rostered tiqfagf ending work. This will be given in theform of a Meal Vouchers or meal allowance payment as per ct&pe TYA ln order to purchase food and dt'ink.form of a MealVouchers or meal attowance p"vr"""t".'p";;6b;Y tn o-ro"i to pur"n"r" i*i

"ni Jtinr..

T-\16.3 Crib t ime ,^. \

-4- --\ ' y#An employee required to work overtime for more thaq!*e}6ur shall be allowed a 20 minute crib break;at a

time mutually convenient to the employee and&ftnffoyer reasonably close to his/her normal finilhing

17.

17 4l I . l

OVERTIME

Payment for working o

All time worked outsideand a half for the firswill be paid at a ratrdo

17.2

An em

Call back

\** 'q-of o$@y hours on Monday to Saturday inclusive shall be paid at the rateo hor$s and double time thereafter. All time worked out of normal hours onoubletime.

of ,limeSupday

back to work overtime after leaving his/her Employer's business premises (whetherafter leaving the premises) shall be paid for a minimum of four hours' work at the rate of

each time he/she is so recalled. This clause shall not apply in cases where it is customary forto return to his/her Employer's premises to perform a specific job outside his/her ordinary

rs or where overtime is continuous, subject to a reasonable meal break, with the completion orrent of ordinary working time ,

18. SHIFT WORK

18.1 Requirement to work shifts :

Employees may be required to work shifts as defined in this Agreement, in accordance with the provisions ofthis clause.

Page 12 of32

^YW&e18.2 Afternoon Shift Hours allowance

Employees who work on afternoon shift hours shall receive 25 per cent in addition to the applicable wageprescribed in the wage table of this Agreement. Afternoon shift hours are defined as any hours workedbetween 7.00pm and midnight.

18.3 Night Shif t Hours al lowance

Employees who work on night shift shall receive 30 per cent in addition to applicable wage prescribed in thewage table of this Agreement. Night shift is defined as any hours worked between midnight and 6.00am.

18.4

Employer, unless by mutual agreement, mav amend rostered st?i\p'es by no more than 2hours by giving 24hour notice. \\./-

^)C- r;18.5 Overtime

^ LJ

Overtime rate of time and a half for the first two hours unO Ooffi thereafter shall be paid to all full timeOvertime rate of time and a half for the first two hours and doQe tfu thereafterTeam Members for work done in addition to their rostere;fft&hours per shift.

18.5.1 Rest period before or after ogfop f

(b) Where changes are necessitated by circumstances outside of t&nftffiloyers control the

Subject to the next ragraph, when overtime work is necessary, it, be so arranged that employees have at leastshall, wherever re

ten consecutive between successive work days.

An em a casual employee)who works so much overtime betweenthe termin isiher ordinary work on one day and the commencement ofhis/her work on the next day that he/she has not had at least ten

off duty between those times shall, subject to this clausq, be

(a)

corel completion of such overtime until he/she has had ten consecutivehou ty without loss of pay for ordinary working time occurring during such

Should an employee's ten hours rest period, as aforesaid, end within twoof his/her normal ceasing time, he/she shall not be required to report for work

that day

lf on the instructions of the Employer, such employee resumes or continues workwithout having had such ten consecutive hours off duty, he/she shall be paid atdouble his/her ordinary time rate until he/she is released from duty for such periodand he/she shall then be entitled to be absent until he/she has had ten consecutivehours off duty without loss of pay for ordinary working time occurring during suchabsence.

(d) lf excessive time is involved in an employee travelling from his/her home duringhisiher rest period, special consideration as to the length of the rest period will begiven on an individual basis.

18.5.2 Daylight saving

Notwithstanding anything contained elsewhere in this Agreement, in any area where, byreason of the legislation of a State, summer time is prescribed as being in advance of thestandard time of that State, the length of any shift:

Page 13 of32

T37TT,Commencing before the time prescribed by the relevant legislation for thecommencement of a summer time period; and

Commencing on or before the time prescribed by such legislation for the terminationof a summer time period, shall be deemed to be the number of hours represeprtedby the difference between the time recorded by the clock at the beginning of theshift and the time so recorded at the end thereol with the time of the clock in eachcase to be set to the time fixed pursuant to the relevant State legislation.

In this clause the expressions "standard t ime" and "summer t ime" shall f tr thesame meaning as are prescribed by the relevant State legislation.

t V1e. WEEKEND WORK ft >

A\J19.'1 Penalty rate '

1)

-7Employees will be paid the following for working ordinary hours on Saturday and Sffil

(a)

(b)

be paid the following for working ordinary hours on Saturday "no^"ry

PenaltY rates {,

-r&oSaturday 15o% n )gqruruqy trv /a n

Sunday 200% \&\

^\JA minimum payment of four hours at the appropriate rate shal work performed on a weekend.

20, ANNUAL LEAVE

An employee, other than a casual employee annualleave in accordance with relevantlegislation (and this clause)which provides the ents

20.1 Accrual of annual leave

El igible ful l t ime employees paid leave on a pro-rata basis at the rate of 4 weeks (152hours) for each 12 mont time employees will accrue a pro rata rate dependent onhours worked each will not be entitled to annual leave

Annual leave wi l l the Company to the employee on a weekly basis.

20.2 Payment for

employee takes the annual leave, plus an annual leave loading as per clause 20'3

;& 1,&fu-!20.2.2 All annual leave accrued prior to the operative date of this agreement shall be paidb\-- in line with clause 20.3 and not subject to shift loading or weekend penalties as

:s .Y nr r+l inar l in nla 'oa '1. , a 4out l ined in clause 20.2j .s20.3 ' Annual leave loadinq

All employees covered under this agreement will be entitled to 17.5% leave loading on accfuedannual leave (4 weeks per annum) as from 2 August, 2009. i

Page 14 of32

w#ff&e20.4 Taking of annual leave

20.4.1 Annual leave (in either single or multiple days), shall be taken at a time(s) that isagreed between the Company and the employee.

20.4.2 Excluding emergency annual leave requests, an Employee must give a minimum ofthree days notice prior to requesting a single leave day and a minimum of oneweek's notice for period greater than one day.

20.4.3 Holiday bookings - All five December weeks including the week of Christmas Dayand the week following Christmas Day and the week in which Good ffiay isincluded containing Easter Monday - these weeks will be considered bqreb r,teeksuntil it becomes clear that business volume allows. \ Yf,\v

20.4.4 Applications for emergency/short notice annual leave submittefryifu$period of

basis by the Operations Manager or their nominated represenJ3live, respondedto as soon as possible and without undue delay.

20.4.5 The Company may, for the purpose of operatiqnalflaqr*hg and equity, seekadvance leave applications for the high demand flBfibh.tf Christmas and Easter.when calling for applications in advance, q.4ut ofldate for the submissio,n ofapplications will be published. ln such cases,*fifurspAnse period of not more than

20.4.6 A calendar system showing period$qvhep annual leave is available shall beprovided by the employer angfq@aVailable to all employees via publicnoticeboard

,{^}

-

20.4.7 In determining the altocatio$$\/ annual leave during the 'barred' periods asdefined in clause 2O.4.frgbrVciple of 'first in first granted' shall apply, providedthat priority shall beSlirqr$r employee who received no leave during tne sareperiod in the ereffxP

20.4.8 Annual teave.E,pJ&lilns in periods other than the 'barred' periods, shall answeredwithin ten,(4Q$H4g"6f the application being made.

21.

21.1

PERSONAL/CARER'S

clause, a full time employee will accrue an entitlement to 76 hours personal leave forcontinuous service (part time employees are entiiled to pro-rata leave).

|vf'len an.emgloyge takes a period of paid personal leave, they're entitled to be paid for each houror part hour) of leave taken. Employees should be paid at their ordinary wage rate of , pay

(expressed as an hourly rate). The rate should be what their ordinary wage rate of pay wasimmediately before their leave begins (excluding weekend penalty rates of pay).

21.2

21.4 Personal Leave accrual

Personal leave will accrue at the rate of one twenty-sixth (1/26th) of an employee's nominal hours workedduring each completed four (4) week period of continuous service. For example, for a full time employeewh9 Jras not had any period/s of unpaid leave during the 4 week accrual period, this rate of accrual equatesto 5.B46 hours for every four weeks worked.

Personal t.uu" t"U by an employee due to their own illness/injury (sick leave)" Personalleave can aigqle ta$n by the employee to provide care or support to a member of the employee'sleave can 191$" tat$n ny the employee to provide care or support to a member of the employee'srmmedlater$rY\y or a member of the employee's household, who requires care or support becauseof a pqgprpl illp'ss or injury of the member or an unexpected emerqencv affectinq the member

-A\ ' '_-A rv rvyqrrve vqrv vt oupF'ul l us9quDg

9f a qe4prpt illp'ss or injury of the member or an unexpected emergency affecting'the member/ -^-^,r- rLt : \

Page 15 of 32

-Y37T,EThe Company will credit accrued personal leave to employees in arrears at intervals not exceedingionemonth.Unusedpersona| |eaveiscumu|at ivefromyeartoyear '

21.5 An employee shall not be entitled to personal leave for any period in respect of which he/she isentitled to workers' compensation.

21.6 lmmediate Family def ini t ion

21.6.1 Spouse (including a former spouse, a de facto spouse and a former de facto spouse) of theemployee. A de facto spouse means a person who lives with the employee as his or herhusband or wife or partner on a bona fide domestic basis; and

n

21.6.2 Child or an adult child (including an adopted child, a step child or an ex-nuptigrcilh{i, OLl"n,(including foster parent and legal guardian), grandparent, grandchild or siblinf,d{feYemployee or spouse of the employee. f\\)

21.7 Notice and evidence supporting claim where employee takes personal leave torr4uol#ul injury orsickness (sick leave)

$yThe payment of personal (sick) leave, where an accrued leave entillpqp\$idts, shall be subject tothe fol lowing condit ions and l imitations:

\t(i) the emptoyee shall inform the Company of n&inlBitity to attend for work, prior

to the commencing time, and state the;ttaturehlthe absence (personal leave oril IO WOrK;\Y

wltn tne required documentary eviddnce

21.8

b) 2 consecutivetg($/@ .

The required documentary evid,(cfliqyOe provided by the employee in accordance with Cldruse

(2) the employee shall provide thewhen absent for:

a) more than 4 single days {hgn$fnniversary year

21.7 (2) is whichever of the f9l*gwifuffies applies:

(1) if it is rqg6baa&rpracticable to do so - a medical certificate from a registered health

kn(2) if it \ftfreasonably practicable for the employee to give the employer a medical

"ancertif$ate - a statutory declaration made by the employee.

&./Coffiy ftry require a medical certificate for any absence on sick leave which is continuousotheffirins of leave including public holidays.k-y

Ia medical certificate should be provided by the doctor at the consultation during:(noti l lness,

and evidence supporting claim where employee takes personal leave to care for anmediate family or household member (carer's leave)

The maximum amount of personal leave that can be taken as paid carer's leave in any twelve (12)month period is seventy six (76) hours.

The payment of personal (carer's) leave, where an accrued leave entitlement exists, shall be subjectto the following conditions and limitations:

a) The employee shall, wherever practicable, give the employer notice prior tol theabsence, or the intention to take carer's leave, the name of the person requiringcare and their relationship to the employee, the reasons for taking such leave and

Thewith

Page 16 of 32

-T&A&#,the estimated length of absence. lf it is not practicable for the employee to give ,priornotice of absence, the employee shall notify the employer by telephone of suchabsence at the first opportunity on the day of absence.

When taking leave to care for an immediate family, the employee shall, if required,provide the required documentary evidence as defined in Clause 21.8 to establishthe illness of the person concerned.

When taking leave to care for members of their immediate family (as described in21.6.1 and 21.6.2) who require care due to an unexpected emergency, theemployee must, if required by the employer, provide the required docyryntaryevidence as defined in Clause 21.8 to establish the nature of the emqSgdnc! andthat such emergency resulted in the person concerned reguiring.S\b9{tneemployee. l, \ )'

R\-)22. BEREAVEMENT/ COMPASSIONATE LEAVE ',

1)7

22.1 Paid teave entitlement 4l.y

An employee is entitled to use two (2) days compassionate leave for eachpcgftpirithe event a memberof the employee's immediate family (as defined in Clause 21.6): \\/ '

- dies O* J

- contracts or develops a personal illness that psses de*iour threat to his or her life; orsustains a personal injury that poses a seri@Lhreat to his or her life

When an employee takes a period of paid bereaveme nite p"rronal leave, they're entitled to bebe paid at their basic ordinary wage rate

The rate should be what their ordinary wage

22.2 Evidence supporting claim

The employee is only ent i t led to com if the employee gives his or her employer evidencethat the employer reasonably requ , injury or death.

23. PARENTAL LEAVE

b)

c)

After twelve months continr.4pS; Sry{Ce, parents are entitled to a combined total of 52 weeks unpaid parentalleave on a shared basis in r@to the birth or adoption of their child. For females, maternity leave'may betaken and for males, gfternityleave may be taken. Adoption leave may be taken in the case of adoption:taken and for males, gfternityleave may be taken. Adoption leave may be taken in the case of adoption:

{t\

An eligible "tqffi"

rlentitled to parental leave in accordance with the provisions of the relevantlegislation. WherdRfre Company's policy on parental leave provisions exceed those contained in the relevantlegislation an\*[g&'use, the Company policy provisions shall apply as amended from time to time ;

l f an to take maternity leave, she is required to take at least six weeks leave after theof her child and to take all leave associated with her child's birth in a continuous. unbroken

birth of the child and a longer period of continuous unpaid leave to be his child's primary care giver.

Adoption leave may be taken in cases of adoption.

24. JURY SERVICE

24.1 Reimbursement

Page 17 of32

vwt&.tAn permanent employee required to attend for jury service during his/her ordinary working hours shall bereimbursed by the Employer an amount equal to the difference between the amount paid in respebt ofhis/her attendance for such jury service and the amount of wage he/she would have received in respect ofthe ordinary time he/she would have worked had he/she not been on jury service.

24.2 Notification

An employee shall notify his/her Employer as soon as possible of the date upon which he/she is required toattend for jury service. Further the employee shall give his/her Employer proof of his/her attendance, theduration of such attendance and the amount received in respect of such jury service.

25.

25.1

LEAVE WITHOUT PAY N \\V

Requests for leave without pay shall be considered by the Operations Manager on " @qUlug"

basis with regard to the following circumstances: n\}

t ) i25.1.1 The reason for the request; A f25.1.2 The period of unpaid leave requested; and

^?)A. 'V' " - r* ' ' - - - - - - ' - : , - . . ' - , \ \25.1.3 The operational requirements of the business. A[ \-,r. \-z

{\)"25.2 Leave without pay requests shall only be considered for emplqqes wiftJminimum tenure of twielve

(12) months as a permanent employee. In the event that leavh&rouTpay is required prior to iuchtenure, Senior Management approval must be obtaineffieni&;Business Manager or EmplbyeeRelations Manager). ,ft.

25.3 No request for leave without pay shall be unreaso^@fi*grieid with regard to allthe icircumstances, Should any disputes arise in1fip\ign with this clause they shall be dealt,withunder the disputes procedure contained withn iB{Eta-gbdement.

26. PUBLIC HOLIDAYS

26.1 Prescribed public holidays

All permanent ful l t ime andand/or Christmas Day will beThe following Public holidayswork: New Year's Day, Aus"f-tiaftg4

time employees whose working roster includes Good Fridayount equivalent to the hours they were rostered to work. 1to be worked as part of the employee's ordinary rostered hours of

work: New Year's Day, Austlia&t'Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,Labour Day, Boxing Day, M\!@ne Cup Day or such other day as is generally observed in a locality ras asubstitute for any of !ft\aid $ys respectivety.substitute for any of tft$said ftlys respectively.qEmployees will;Saentr@d to an additional Public Holiday over and above the two prescribed PiEmployees wilf,afyrent@O to an additional Public Holiday over and above the two prescribed PublicHolidays, and mffiave access to further Public Holidays subject to business requirements. These wfll bemade availafupftmployees through a roster system lntenOeO to ensure fair and equitable access. i

z0.z {{&ilighal public hotidays

,€i"hyttate or Territory or locality within a State or Territory an additional public holiday is proclaihnedor g@fred by the authority of the Commonwealth Government or of a State or Territory Government andsuch proclaimed or gazetted holiday is to be observed generally by persons throughout that Statb orTerritory or a locality thereof or when such a proclaimed or gazetted day is, by any required judicial oradministrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes ofthis Agreement for employees covered by this Agreement who are employed in the State, Territory orlocality in respect of which the holiday has been proclaimed or ordered as required.

26.3 Public holidays falling on a Saturday or Sunday

Page 18 of32

(a)

Tffi&,8lf any of the above holidays occurs on a Sunday or Saturday, and is not observed on any other day,then employees shall be paid at the rate of Double time and a half for all work done with a minimumpayment as for four. hours.

(b) For the purpose of this Agreement:

(i) Where Christmas Day falls on a Saturday or on a Sunday, the following Mondayand Tuesday shall be observed as Christmas Day and Boxing Day respectively;,and

(ii) Where Boxing Day falls on a Saturday, the following Monday shall be observed asBoxins Day

^ f\

^26.4 Night shift public holiday entitlement \ Y( \> 'In identifying the day for which the public holiday entitlement applies for an employee *fRLn\g$ht shift, itwill be deemed to be the day on which the commencement of the shift for that publid n{tr9ay falls. Theentitlement for employees working night shift is applicable to the deemed public holidryonlff'and does not

[ . )extend to the adjacent shift. ry

26.5 Subst i tut ion of publ ic hol idays ^, - \Y'\\I',By agreement between the Employer and his/her employees, other /qys mi} ne substituted for the saiddays or any of them as to such Employer's undertaking \-tq\

.^\ /26.6 Public holidays - penalty rates

&Double time and a half shall be the rate for all work done wi@Mimum payment of four hours on ipublic holidays.

.{ i }avb

267 Time in lieu R"y

26.7.1 In the event a Teamhave the right to elect one of the

rostered shift on a public holiday, they shall

this agreementthe day worked with the addition of an equivalent day in l ieu at

a)b)

To be paid as perTo be paid a ratethe ordinary r

26.7.2 A day inleave.

at the Team Member's discretion subject to the availability of

26.7.3 u may be 'banked' up to a maximum of 5 days. All days in lieu banked must befinancial year in which it is banked.

ays in lieu banked and not taken at the end of each financial year shall be paid out infinal payrun of the financial year to the Team Member. Upon termination oi the

ployment relationship, any remaining banked days in lieu shall be paid out to the TeamMember

ostering of public holidays

The following process shall be adhered to when rostering staff to perform work on a public holiday.

a) Volunteers shall be called for at least 6 weeks prior to the public holiday.

b) Wherever possible, Team Members who volunteer will be given the opportunity to work on thepublic holiday in question.

c) Should there be insufficient volunteers to meet the operational requirements of the business, thebusiness shall refer back to the existing roster and 'work backwards', ensuring that' the

Page 19 of32

-YdtrT,7opportunity to have the public holiday off is equally spread amongst the workforce as much as ispract icab|e,havingregardforequi tyandavai |ab|eski | |s.

d) The final roster shall be published no later than two weeks prior to the public holiday in question.

26.9 Absence before or after a oublic holiday

Where an employee is absent from his or her employment on the working day before or the working dayafter a public holiday without a medical certificate or without the consent of the Employer, the employee shallnot be entitled to payment for such absence.

27. BLOOD DONORS LEAVE & COMMUNITY SERVICE LEAVE

27.1 Blood Donors leavenU

27.1.1 A weekly employee who is absent during ordinary working hours for the p'urpfub of donbtingblood shall not suffer any deduction of pay up to a maximum olfruo lfours on eachoccasion and subject to a maximum of four separate absences forJffig)rpose of donatingoccasion and subject to a maximum of four separate absences forJ[fu)rpose of donatingblood each year.

, ^\}

l

21.1.2 Such emptoyee shall arrange for his or her absence to n" ffi|ruitable to the Emp[oyerand be as close as possible to the beginning or .td'"gnl

ls $ her ordinary workil0 hours

27.1.3 Proof of the attendance of the employee at a req&niseMace for the purpose of donating27.1.3 Proof of the attendance of the employee at a reqftnise&/ace for the purpose of donatingblood, and the duration of such attendancer(h&ne furnished to the satisfaction of theEmployer. \ Y

Community Service Leave provisions ",ry$trht

are as per the NES.

28. LoNG sERVlcE LEAVE ;1 V

28. LoNG sERVtcE LEAVE,4Ly

28.1 Long Service Leave sndl"fqAber the Long Service Leave Act 1992 (Vic) (as amended).

28.2 Currently, tong."rkgbJaccumulates at the rate of 13 weeks leave for every 15 years ofCurrently, long sef\ieA fEUfe accumulates at the rate of 13 weeks leave lor every 15 yeatcontinuous service, {pff3fiall be available after '10 years continuous service on a pro-rata basis.;

, tv

27.1.4 The employee shal l not i fy the E as possible of the time and date ltponwhich he or she is requesting to be purposes of donating blood.

27.2 Community Service Leave

28.3 For everyJ!{e}gars of continuous employment after this initial 15 years, the employee is entitled toan additidnail 4.3t1 weeks of leave.

28.4 On tfpgry;Yat employment ends an employee with at least 7 years of continuous service with:oneentitled to receive, in full, payment for any untaken long service leave. This will apply

the employee has resigned, has had their employment terminated by the employer, hasmade redundant, is deceaseo.

ANNUATION

29.1 Definitions

"Fund" - In this clause all references to "fund" shall mean the Labour Union Co-operative Retirement Fund(LUCRF) or the fund of an employee's choice. LUCRF shall be the default fund for the purposes ofSuperannuat ion choice.

"Super Choice" - is to exercise the option the employee has to choose their own superfund over the defaultfund

Page20 oif 32

29.

w&,e"ordinary time earnings" - f n this clause tT^l:-r3 prdinary time earnings,, means the actuar ordinary ra,te offf1,5:":ff[ffiJ:XJ:,J l1;i:lii'"J;iil: "f;,n'i,'"i,I,,'n "riZiro*!n;J"""n0 roadings, eicrudins29.2 Employercontributions

'ffini:"J:tiJ!:J5frT""l:)'i,",',1,;?d:*?fffj,.fliil'J:f,nwithour exception e% (subject to hisherThe employer shall e::Ylde each. employee upon commencement of employment, membership forms of theFund and shall fon'vard the compl"t",i rlroursnip ioim ioin'"'Fu"o within fourteen (14) days. APayments shall be made on a four (4) week basis and cover pay periods completed in that tir". { 1329.3 Employee contribution,

,^Q\\'{ ,i \-/

g["J:#f Ti.:::?,#'?^:'il $:]:"y:y*TI ::Tlb^y::?1.- 1" ,1r", Fund, the ",'ovFe ,' upuino,.i"" *,"companv to deduct rrom the emplovee's *?sg" an amount .p""iii"i [i iil; !ii,T;J:vn31#rauthorise theFund trust deed and rules' conirinrl.nr ieoucted undeiinislroursion *irr ne'roffiptfflf ffiXf| ll:companv at the same time as the company,s contriouil;;;;;i; under 29.21 ̂ \v, .,

An employe-e- may vary his or her additional contributions by a *r*"r1.*y,ffiano 're

emproyer mustalter the additional contributions within iourteen (14) o"v, oi'r""orpr oTtp@rtnorisation.Additional employee contributions to the fund requesteo unog@uo-h/u." shail be expressed in whoredollars.

\ }'t v- r,,oil uE E^presseo ln wnol€

29.4 cessation of contributions /ffil

ll|"flf$':Ho?i#:,,"ffHffi's;1;;l1;5""'mffiIect oran emproyee sha, cease on rhe rast29.5 Salary Sacrifice for Supera

41 gmOloVee may make an agr'"r"tio""iJi',"d'#J:il; il#,til:?ffi!ffi#:.:TPl?l::^tg participate in a sarary sacririce prosram rnprogram is voluntary.

You will also be eligible to nomdefault fund you may nomin{*le

iuper choice, in the event you do not wish to be a member with thefund using a Super Choice form.30. PAYMENT OfVVAG

Payment o, *rngf1fu ,.

"^.'\s

mtffi::" *'S"& made by electronic funds transfer to an account or accounts nominated by the

An em olavee \rG-!Z^^m i na*^;:"1'ffiffipilr,X?frffi:1ffi:""#lJ"n". into a sinsre account or part payment into a murtiple or

be available in the employee's nominated bank account by the crose of business on Thursday

sIn the event of circumstances within the employers control preventing the payment of wages in accordancewith this sub clause' then the

"t;i;v"t ;"it in'rorm;;il6; as.soon as possibre and begin negotiationsto provide assistance to any

"tptivle ,jversely unu"t"il Lv tiu outuv in transfer of the funds.

31. TRAINING

31.1 Trainingcommitments

Page 21 o,f 32

-VfitrW,T,The parties to this Agreement recognise that in order to increase the efficiency, productivity and internationalcompetitiveness of industry, a greater commitment to training and skill development is required. Accordingly,the parties commit themselves to:

31.1.1 developing a more highly skilled and flexible workforce;

31.1.2 providing employees with career opportunities through appropriate training to acquireaddit ional ski l ls; and

31.1.3 removing barr iers to the ut i l isat ion of ski l ls acquired.

31.2 lntroduction of a reward and recognition program f\ ' ,

\VThe Company will endeavour to implement a reward and recognition program that identiffuuiBlandingperformance in the workplace. The program will encompass rewards that may be tailore$\\pdividuals'training needs. '

VO,

732. MEDICAL AND EyEStcHT EXAMTNATTONS

^n\JA satisfactory medical report by an appointed medical advisor determining4rrr-ffi1: employee will be atrisk of injury or place others at risk when performing the inherent duties wili\LCbndition of service for allnew staff. This will take place before employment is offered. /.1 Jnew sIaTT. I nts wilr IaKe ptace DeTore employment rs oTTereo. l i4L\t\33. PROTECTIVE CLOTHING AND FOOTWEAR 1 \-I

The Company will supply protective clothing and footwear in the various duties of members ofstaff can be carried out without danger to themselves . lt is the responsibility of individualemployees to ensure that the protective clothing iss is taken care of and worn at all times whenon Company business. Members of staff will be is pany uniform. This is in keeping with theCompany's professional image and uniforms will be rQfuibusiness and maintained in qood and smartbut generally will be on a fair wear and tear

Company uniform will be considered asFailure to wear protective clothinga disciplinary matter and any such

34. REDUNDANCYARRA

(a) Where the ftfp*loyerlas made a definite decision that the Employer no longer wishes the job theemployee en doing done by anyone and this is not due to the ordinary and customary

'and that decision may lead to termination of employment, the Employer shalllholddisctlpsior\3vith the employees directly affected and/or a representative chosen byl theem

ions shall take place as soon as is practicable after the Employer has made a definiteion which will invoke the provisions of clause 3a.1(a) and shall cover inter alia, any reasons for

proposed terminations, measures to avoid or minimise the terminations and measures toit igate any adverse effects of any terminations on the employees concerned.

(c) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing tothe employees concerned, all relevant information about the proposed terminations includin$ thereasons for the proposed terminations, the number and categories of employees likely to beaffected, and the number of workers normally employed and the period over which the terminaiionsare likely to be carried out. The Employer shall not be required to disclose confidential informaiion,the disclosure of which would be inimicalto the Employer's interest.

be worn at alltimes when on the Compqny'sing the issue of clothing may vary by section

footwear and

tur

in dismissal.

Page 22 of 32

wffig,g,34.2 Transfer to lower paid duties

Yhgr." an employee is transferred to lower paid duties for reasons set out in clause 34.1(a) the employeesshall be entitled to the same period of notice of transfer as he or she would have been entiiled to if his oi r,".employment had been terminated, and the Employer may at the Employer's option make payment in lieuthereof of an amount equal to the difference between the former ordinary iime r"ie of pay and the new lowerordinary time rates for the number of weeks of notice stil l owing.

34.3 Severance pay

(a) In addition to the period of notice prescribed for ordinary termination in clausesminimum of 3 weeks which ever is the higher and subject to furtherCommission, an employee whose employment is terminated for reasons34.1(a) shall be entitled to the following amount of severance pay in respectperiod of service. ,rfpenoo oT servrce. t\\)For each continuous year of service an amount equal to 3 weeks ordinaly Qrryirate of pay(maximum of 52 weeks/minimum of 3 weeks). Provided that a Team,^ltemd6r with one (1)completed year of service will receive four (4) weeks redundancy

,NeK)

Part time staff shall be paid based on their contract ofthe time of being made redundant, are temporarily en

ull time staff who attime basis shall be

paid out as a full time employee. O^

3(b) Week's pay means the ordinary time rate of naKn"&,or"" concerned.

Employee leaving during notice \ ),34.4 Employee leaving during notice t >

An employee whose employment is terminated for reaidr{s\out in clause 34.1(a) may terminate his orher employment during the period of notice and, if s&]s|1!n ldentitled to the same benefits and paymentsunder this clause had he or she remained with tl$$ffioyer until the expiry of such notice. In such

The Employer will not,be recuiredl\mXgl severance pay if the Employer offers suitable alternativeemployment for an employee.

/A&_.34.6 Time off during notice o&'"6\Y

L* \.r/

circumstances the employee shall not be entitle nt in lieu of notice.

34.5 Alternative employment

*-v(a) During tne @ of notice of termination given by the Employer an emptoyee shall be

allo\,yg$ up t$,one day's time off without loss of pay during each week of notice for theof seeking other employment.

ilfloyee has been allowed paid leave for more than one day during the notice periodpurpose of seeking other employment, the employee shall, at the request of the

, be required to produce proof of attendance at an interview or he or she shall notpayment for the time absent.

or the purpose of (a) a statutory declaration sworn by the employee will be sufficient.

to Commonwealth Employment Service (Centrelink)

a decision has been made to terminate employees in the circumstances ouflined in clause 34.1 (a),the Employer shall notify the Commonwealth Employment Service (Centrelink) thereof as soon as possitlegiving relevant information including the number and categories of ihe employees likely to be affectedrandthe period over which the terminations are intended to be carried out.

34.B Transfer of business

(a) Where a business is before or after the date of this Agreement, transferred from theEmployer (in this clause called the transferrer) to another Employer (in this clause called the

Page23 of32

-Y37LLtransferee) and an employee who at the time of such transmission was an employee of thetransferrer in that business becomes an employee of the transferee:

(i) the continuity of the employment of the employee shall be deemed not tohave been broken by reason of such transmission; and

(ii) the period of employment which the employee has had with the transferreror any prior transferrer shall be deemed to be service of the employee withthe transferee; and

(iii) no severance payment shall be made by the transferrer'

ln this clause:

34.9 Employees with less than one year's service ^KJ

This clause shall not apply to employees with less than one year's coryyrugQ$fuice and the ge4eralobligation on the Employer should be no more than to give relevantAlfop€t an indication-of the

(b)

( i )( i i )

( i i i )

impending redundancy at the first reasonable opportunity, anO to takeoAych sSJ as may be reasonable tofacilitate the obtaining by the employees of suitable alternative emploVhS\

^ \-r

$"34.10 Employeesexempted

This clause shall not apply where employment is termipft@a consequence of conduct that justifiesinstant dismissal, including malingering, inefficiency or26glet*,gf duty, or in the case of casual employees,apprentices, or employees engaged for a specific peff&g[ii$dor for a specified task or tasks.

35. STAND DOWN PROCEDURE

The Company may deduct payment for a day during which an employee cannot usefull! beemployed because of any strike, or any stoppage of work for any cause for Whichthe Company cannot reasonably be This does not break the continuity of employment ofthe employee for the purpose of a

The Company shal l give aemployees.

ml twenty-four (24) hours notice of its intention to stand-down to the

without the consent ofthat the employee'has

of fourteen days from his/her last attendance at work or the date of his/her last absence innotification has been given or consent has been granted, an employee has not established

faction of his/her Employer that he/she was absent for reasonable cause, he/she shall behave abandoned his/her employment.

Termination of employment by abandonment in accordance with this clause shall operate as from the dateof the last attendance at work or the last day's absence in respect of which consent was granted, or the pateof the last absence in respect of which notification was given to the Employer, whichever is the latest.

business includes all and any part of the Employers busine"Xil. "/transferred includes transfer, conveyance, assignment Q\ud/essionwhether by agreement or by operation of law; and n\Jwhether by agreement or by operation of law; and n\J ,transferred has a corresponding meaning.

V l

Page24 of32

.YWff&,37. TERMINATION OF EMPLOYMENT

37'1 In order to terminate the employment of an employee the Employer shall give to the employee thefollowing notice:

Period of continuous service

1 year or less1 year and up to the completion of 3 years3 years and up to the completion of 5 years

instant dismissal, including mal ingering, ineff ic iencyemployees, apprentices, or employees engaged fortasks.

For the purposes of this clause, continuitythe Annual Leave clause.

Notice of termination bv the em

The notice of termrequired of the Emthe age of the em

37.8 Statement of employm

Thedismi

n9be paid

of duty, or in the case of casualiod of time or for a specific task or

Period of notice

1 week2 weeks3 weeks

5 years and over 4 weeks f\ .

g7.2 Employees over 45 years of age at the time of the giving of the notice with not less thafu o ffir"'continuous service, shall be entitled to an additionalweek's notice. [\ )"

r\\)37.3 Payment in lieu of the notice shall be made if the appropriate notice period i5 n$tgiven by the

employer. Employment may be terminated by part of the period of notiqR.speffiied and partpayment in tieu thereof.

$K.)37.4 In calculating any payment in lieu of notice the wages an employe"*gffirft received in respect

of the ordinary time he or she would have worked during the'p\d\rdf notice had his or heremp|oymentnotbeenterminatedsha| lbeused.^} r - \eJ

\dq.37.5 The period of notice in this clause shall not apply in thepse oklfrmissal for conduct that justified

37.6

37.7

I be calculated in the manner prescribed by

to be given by an employee shall be the same as thatand except that there shall be no additional notice based on

(a)

The Employer shall, upon rffiof a request from an employee whose employment has been terminated,provide to the emplgbe a lritten statement specifying the period of his or her employment and theclassification of orl(e"hpe of ivork performed by the employee.

d, }r37.9 Summffi$mlssat

H}have the right to dismiss any employee without notice for conduct that justifies instantbut not limited to theft, gross misconduct, malingering, breaches of safety in, the

smoking in a non designated area, inefficiency or neglect of duty and in such cases theup to the t ime of dismissal only.

Page25 of32

-YWT,g,38. OCCUPATIONAL HEALTH AND SAFETY MATTERS

38.1 First Aid Kits

The Employer shall provide a first aid kit as provided by the relevant legislation or regulations operating inthe particular state in which an establishment in which work performed is located.

38.2 First Aid attendants

The Employer shall endeavour to have a minimum ofestablishment in which work is oerformed.

two employees trained to render first aid at fach

Employees may be any employees engaged to perform work at each establishment,their terms and conditions of employment are governed by this Agreement or not.

38.3 Drug and Alcohol Pol icy

Both the Company and the Union agree to activelyDrug tests can be carried out randomly and/or ondrugs or alcohol.

38.4 Smoking Policy

Smoking shall only occur in designated areas.

38.5 Heat Policy

The Occupational Health and Safety Act 2004 requirl6 emhlgyers to providereasonably practicable, a working environment for q6fiftld$'that is safe andsafety. This applies to any risk to health and safety, irfudiSfillness from working

employees.influence of

Whilst heat comfort is subjective, heat discoqp5ffinerally be managed by:

. increasing uir rou"r{;..y

. providing access torngrl\g!pf

l

and maintain, so far as iswithout risks to healthiandin extreme heat.

. wearing suitable.li fitting clothing

some employees may be subject to, it is the intention of the Employerprovide for relief measures, that shall include the distribution of adeqEate

' provision of sqi

Due to the acute heatto minimise r isk to emcold drinks. Paid bregft\ will {so be provided when required.

f r " r 'The workpl""u qfiilon&;nt shoutO be maintained within a

.A. . \ .The workplace gfv[onrfttt should be maintained within a temperature range to protect employees fromheat stress. Wor(practices will be altered in each area to counteract excessive heat experienced byemployees. hb* Y

In keefugffig[lpthis goal, temperatures will be monitored periodically by both a shift manager and a safety

39. \ ,45ROCEDURES FOR THE AVOIDANCE OF TNDUSTRTAL DISPUTES

Disputes over matters arising from this Agreement (or any other dispute related to the employrnentrelationship) must be dealt with according to the followlng procedure:

39.1 The matter must first be submitted by the Employee/s via the following process:

(i) The matter shall be first discussed between the aggrieved employee and theirmanager;

Page 26 of 32

wffiffi&lf settlement is not reached the matter shall be discussed between the employeeand the. Shift Manager and if the employee chooses to haye a representative ihismay include a union; andlf not settled the matter shall then be discussed between a more seniorrepresentative for the Employer and if the employee chooses, a more seniorrepresentative, this may include the union organiser;lf stil l not resolved, there may be discussions between the relevant EmployeeRepresentative or other representative chosen by the Employee/s, and a seniorEmployer Representative. All parties will genuinely undertake to resolve the matterat ihe workplace.

39.2 Work shall continue without interruption while these procedures are being fottowed.^ ft *"-dispute status quo shall prevail while the matter is being dealt with in accordqli&witf7fnisprocedure. fr >

n\)Either Party or their chosen representative may, if the dispute stilt exists after all or,n" uft);)*ed stepsfor resolving the dispute have been taken, refer the matter to Fair Work Australia for rggrlutiffiUy mediationor conciliation. lf stil l not resolved then arbltration may be necessary. lf arbitrationj sary the partiesagree that FWA shall have the power to do all such things as are just resolution ordetermination of the matter in dispute. This includes the exercisino of powers in relation todirections, hearings, witnesses, evidence and submissions which are to make the arbitrationeffective.

( i i )

( i i i )

(iv)

40.

40.1

40.2

DISCIPLINE POLICY AND PROCEDURE

Summary Dismissal

The following list, but not limited to, will result in sum

jeopardising the interests of the em on site this may include theft, assault andalcohol or drug abuse;

(b) fraudulent,dishonestorcq,fiiift(Ec]'dity;

will be deaf{tiQby either a breach of:

uct. This offence relates to any act that violates, site standing rules, OH&S prapticeany management instruct ion

Ferformance. This offence relates to an employee failing to meet productivity expectationsand standards, and/or professional negligence - wilful or otherwise. lt is any issue directlyrelated to work function.

the following procedure will be followed:

(a) First offence. Where an offence for conduct or performance occurs, a verbal warning maybe given.

The warning is to be recorded by the issuer stating date and time of the warning and nqtureof the violation. The issuer must state to the employee during the counselling that ,,this is averbal warning" or words to that effect.

Page27 of32

(o) Trauourenr, orsnonesr or{sv}vitv;

(c) action which may Jryarud reputation, dignity or welfare of the Company and itsemptoyees, and*fu@z

f ,q y..,^"q.*(d) any act tfrat vfota@ rsite standing rules, OH&S practice, rules and principles and/or

m anagem T$lryo

fol low a ny reasonable managem ent instruction.

{.1?r" _an 995!.oVee lias committed an offence that does not justify summary dismissal, the offence

(a)

(a)

-Ygg&9,Second offence. Where second offence in the same category as the verbal warning occurs,a written warning may be issued. When the warning is issued, the employee retains the:rightto have a nominated witness present at the counselling session. The employee along;withthe issuer and witnesses shall sign the written warning to acknowledge that the warning hasbeen given and understood.

Third offence- Where a third offence in either category has occurred, a second wr:ittenwarning may be issued. The same provisions regarding the process for the delivery of thesecond warning as per the first written warning shall apply.

Fourth offence. Where a fourth offence occurs, either being for performance oremployee may be summarily terminated or suspended with pay leading towhere deemed. The intention of suspending an employee is to allow thedeliberate the most appropriate disciplinary action in consideration of all thethe offences that have.led to the circumstance. The suspension is not to workingdays from the time of its issue from which, the Company is obliged to emplpyee

40.3 Right of appeal.

At any stage in the counselling process, the employeeto highlight any perceived inconsistencies regarding in the warning. The appeal shall be inwriting and submitted to the Company no later days after the issue of the warning. Anappeal submitted after this time has to be duly the Company prior to the five working: day

pany retains the right to decline considerationdeadline. Where prior notification is notof the appeal. The appeal, when submitted by the Company and where warranted, thewarning may ei ther be upheld or withdr warning is withdrawn, this must be clearly annotatedon the employee's file and a copy of of withdrawal given to the employee.

Depending on the serious nature,ofufutrce the Employer has the riEht to commence the performance

(b)

(c)

(d)

ulyto

manasement process ;i;"t tt-"flT&:- r40.4 Periodthatwarnin$Lar&*$6p6g.

\ry(a) Theftfurce $riod of a "verbal warning/counselling" is nine (9) months from date of issue.(a) Tl-(iff\Qrce period of a "written warning" is twelve (12) months from date of issue.

;iplinary action is to be downgraded by one step unto lapsed (1$ written downgradedand can be taken into account for any subsequent disciplinary action until lapsed.

are further downgraded one level each subsequent 12 month period. Safety relatedare excluded from any downgraded action.

UNION TRAINING LEAVE

This clause shall apply only to Union delegates or representatives duly elected.A4 4$t. l

41.2 An employee must have not less than six months continuous service with the Employer before beingentit led to trade Union training leave.

41.3 Leave shall be confined to a maximum of twenty days total in any calendar year for all inclusivedelegate training and shall not accumulate into a subsequent calendar year.

41.4 Leave shall only be available to attend courses conducted or approved by Trade Union Trai:ningAustralia Inc or such other course as agreed between the Union and the Employer.

Page28 ot32

of the decision. lf a termination results, the provisions in clause 36 willryOlV. T

^.\jSigning the warning does not deem agreement or disagreement nplthffiployee but mprelyto acknowledge that the employee has been made awarg oltTtg-\}i5ciplinary action.:Theemployee has the right to request a copy of the warningi\g&3iff as a record. Once the

Iemployee understands the counselling they must signl\confirp.

After thisto verbalDiscipl

t ime,

w&wffi.&,41.5 The Employer should be advised twenty days prior to the commencement of any course and

consulted as to the nature, content and duration of the course. The taking of leave shall bedependent upon the Employer being able to make adequate staffing arrangernenrs.

41.6 Only one employee may be on trade Union training leave at any time.

41.7 Each employee on leave granted pursuant to this clause shall be paid ordinary time earnings, whichmeans the appropriate classification rate plus any shift loading if appropriate.

41.8 The Employer shall not be responsible for any other costs associated with such leave. n

41.g Any leave granted pursuant to this clause shall count as service for all purposes of this-Ahemkt.r\t 3.

41.1O Any employee granted teave who fails to attend the nominated course shall notffi\$rployer assoon as practicable. No payment shall be made to any employee until salisflclpry proof ofattendance at the nominated course is produced.

O , Y

42. AGREEMENT coMPLtANcE

^€ry,d. ,e.V42.1 Copy of agreement '\rf

Each employee shall be supplied with a copy of this Agreement if reqrfu. J

"^ hJ42.2 Time and Waqes Records

The employer is required to keep time and wages recorQ@&g ihe name of each employee, the hoursworked each day, and the wages overtime and al ty) paid each week. These records are to be

of the union, subject to the requuements ofmade available for inspection by an authorisedthe Fair Work Act.

42.3 Union Representation

42.3.1 Delegates - The em nises the Union delegateswho are elected bv theemployees as the ives of the Union

&

: v-Delegates on-sif5blgs$.ss - Delegates will be able to conduct on-site and legitimate off -site business rftted)'this agreement or the employment conditions of the employees withworkers b&re Mfter their shifts and on break times. Paid time mav be available with

42.3.2

42.3.3

2.3.5

workers b*Mfter their shifts and on break times. Paid time may be available withpre-approva\ffimanagement or their supervisors. lt will be reviewed on a case by casebasi94^ ]',;isrA L

ft.gr OSgates shall have reasonable access to resources to perform their role, including a

meeting room and access to a telephone, fax machine, email, intranet landprer.

ion meetings - Team Members attending pre-approved Union meetings on site will begranted paid release for the agreed time by Senior Management of ordinary wage rate time.

The employer shall supply and erect a noticeboard in a suitable prominent location on sitefor the purpose of enabling the Union or Union delegates to post a notice in connection withthis Agreement or other matter related to the employment of members or their unionmembership which the Union may require to be posted. Access shall be provided todelegates at all times through the provision of a key to be kept in a central location for alldelegates.

42.3.6 Union delegates will be given adequate paid time to meet with new employees and anylabour hire workers performing work that is covered by this Agreement for the purposes ofintroducing and explaining this Agreement and Union matters. Except where otherwise

Page29 of32

WtrC,Lagreed, this will occur at the induction of such persons, and be for a period of no more than15 minutes.

42.4 Deduction of fees

Where written authority is provided by the worker, the employer will deduct union membership fees from theemployees wages or salary and remit them, along with a schedule of such contributions, to the Union atmonthly intervals.

43. NEGOTIATION OF SUBSEQUENT AGREEMENT

43.1 Renegotiatiot ,l\

The parties agree to commence negotiations for a new collective agreement ,o ,u".."q4$*ent atleast 3 months before the nominal expiry date of this agreement. The intention will be'to pgnclude thesenegotiations prior to the nominal expiry date. fr 7

43.2 Cottective Nesotiations {ty

These negotiations will be conducted on a collective basis between tn" &[b]I"d the employ""r]"nOtheir bargaining representatives with the negotiated outcome being Albject$ approval of a vote of thetheir bargaining representatives with the negotiated outcome being Albject$ approval of a vote of theemployees collectively. \itq

,A \J43.3 payment

&"{ \Payment of all negotiated outcomes will commence upory@dpJy period after the commencement dateof the negotiated agreement. /-^ 5,

.1 \( I

43.3 Maintenance of Status Quo ky

Should negotiations for a new collective agr€6-rr{effit be finalized prior to the nominal expiry date of thisAgreement, existing rates of pay and co ue to be observed for all employees by the partiesuntil such time as a collective

44. coNSULrAflvE coMH@".)/

A consultative committ"", .orft.i&Xpfoyrr and employee representatives has been established for thepurpose of implementinO aq$.EMrng the matters contained in the Agreement. The committee shall rneetpurpose of implementing ar$.pdfufing the matters corno less than once per month\frThe consultative coKtee slall consist of no less than:

*NUWgffi""b* Site Maffier," emfrpeYeiations Manager; andSonVnidn Team Members.

Page 30 of 32

45. FLEXIBILITY

45"1 Toll Customisedagree to makeagreement if:

(a)

45.2

45.3

the employee.

Toll Customised Solutions must ensurearrangement:

(d)

(e)(f)

no arrangemenl was maoe.

Toll Customised Solutions must ensure that t

is in wri t ing; andincludes the name

that the terms of th flexibility

ised Solutions and the employee; andiSolutions and the employee and if the

of age, signed by a parent or guardian of the

the agreement deals with the following matter:

Annual Leave Payout Scheme

(b) the arrangement meets the genuine needs of Toll Customisedand the employee in relation to 1 or more of the mattersparagraph (a); and

(c) the arrangement is genuinely agreed to by Toll Custom

onsI in{

and

45.4

45.5

al flexibility arrangement:

(g)(h)( i )

0)of the enterprise agreement that will be varied by the I

ment; andarrangement will vary the effect of the terms; and

the employee will be better off overall in relation to the termsand conditions of his or her employment as a result of thearrangement; and

tes the day on which the arrangement commences.

ised solutions must give the employee a copy of the individual flexirbilitywithin 14 days after it is agreed to.

tomised Solutions or the employee may terminate the individual flexibilityement:

(l) by giving no more than 28 days written notice to the other party to thearrangement; or

(m) if roll customised solutions and the employee agree in writing - at anytime.

Page 31 of32

weffiSolutions and an employee covered by this

an individual flexibility arrangement to varyenterpr ise agreement,maythe effect of terms of the

is signed by Tollemployee is uemployee;

Tg7g,t

SIGNATORIES TO THE AGREEMENT

The Signatories to this Agreement are duly authorised to sign same in their respective capacities ftloutbelow:

^\ l /,l\}Signed by Chris Pearce, Divisional General t

l,f-Manager on behalf of Toll Pty Ltd Ua Toll fr YCustomised Solutions ABN 31 006 604 191,25-45 Toll Drive, Altona North VIC 3025, in thepresence of:

Signature of Witness

Name of Witness in full ,,{,} }

,.\$xSigned by Tim Kennedy, Victorian ,"d,t#tNational Union of Workers, 833 BcrrrKSl'Docklands, VIC 3008,, in the Rrese$,*rX

(-* sisnatureL- \-/

Signature of Witness

Page 32 oif 32