1
Fair Work Act 2009
s.185—Enterprise agreement
Woolworths Limited T/A Queensland Property Investments Pty Ltd
(AG2018/211)
MELBOURNE REGIONAL DISTRIBUTION CENTRE ENTERPRISE
AGREEMENT 2017-2020
Storage services
DEPUTY PRESIDENT MASSON MELBOURNE, 22 MAY 2018
Application for approval of the Melbourne Regional Distribution Centre Enterprise
Agreement 2017-2020.
[1] An application has been made for approval of an enterprise agreement known as the
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 (the Agreement).
The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been
made by Woolworths Limited T/A Queensland Property Investments Pty Ltd. The Agreement
is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and that the undertakings will not result in
substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair
Work Regulations 2009 is taken to be a term of the Agreement.
[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[6] The National Union of Workers being a bargaining representative for the Agreement,
has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance
with s.201(2) I note that the Agreement covers the organisation.
[2018] FWCA 2896
DECISION
E AUSTRALIA FairWork Commission
[2018] FWCA 2896
2
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
29 May 2018. The nominal expiry date of the Agreement is 1 September 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE428458 PR607333
OF THE FAIR WORK USTRALIA ISSION THE SEAL
[2018] FWCA 2896
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC M atter No.: A G2018/211
Section 18S-Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Mauro Pisegna, Woril:plac;e M:13tions Partner for the Woolworths Group limited and Qvecn.sland Property
Investments Pty Ud ("the Company") give the follawing undertakings with respect to t he Melbourne Regional
Distribution Ccntrt• Entc•rprisc Agrccmenl 1017·2020 r•the Agreement"):
1. 1 ha~ the authority t:N~n to me by the COm!X)ny to provide this ul'\dcrtak.ina fn rel~tfon to the
application before the Fair Work Commission.
2. Operative Date: The Company undertakes to commence the Agreement 7 days after approval by the
FWC, consistent with s 54 of the Act :.nd :.s per Clause 4.19 of the Agreement.
3. Dispute ScUiement Term: The compony undertakes that the Ob pute S!ttlement Procedure wUI
continue to appty to matters contained in the NES.
4. ord l.na.ry Hours of Work: The Company undertakes that a casual emplovee may •11ork up to 40
Ordinary hours per week, comf)f·lsing 38 Ordinary hOUr'$ plus 2. re3SOooble 3ddit1onal hours.
S, Anny~l ~tiiVti
a) lhe Company undettakes to update an emp!o~e's annual lea\•e enti tlement progressively through
the year, based on their Ordinary hours of work.
Annual leave is currenttv updated on a weekly basis for weekly employees.
b) In relation to part time empjoyees, they are able to apply tor and access annual leave a s per full
t1mecmpt~.
c) An cmpl~ cwercd by the Agreement who Is a "s.hlhworter"' as described In dause 26.4 of the
Storage Services and Whofesok Award 2010 shall for the purposes of the Aercement !:)(' tak~n to be a
"'shiftwr1.er" for the purpose$ of the Natlon\ll Empfoycnent Standards.
6. Personal Leave and compassio nate Leave:
a) The Company undertakes to ensure all employees will rcGCivc personal leave entitlements in line
with the NES.
b) The com~ny u•\deft;)k:e$ to continue to ensure eroptoyees are permitted to take personal leave in
llne with s 97 of the Act.
c) The Company undertakes to continue to ensur~ empklvoos (;)n aocess their personal le~ve in
acx:ordantt with s 12 of the Act.
d} Tho com~ny undort\lkes to continue to provide direct casual employees with unpaid
compassionate leave as provided at s 104 of t he Act. Casual empl~cs are entitled to unpaid
emerserM:Y setvlte$ leave.
7. Publh: Holidays: l he Com~ny undertakes to tecognlse all declared or prescribed full day or part day
pubfic holidays, as per s ltS of the Act and Clause 29 of the Stott· Senrius and Wl•olesole AwQrd
20:ZO.
1
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2018/211 Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 1, Mauro Pisegna, Workplace Relations Partner for the Woolworths Group Limited and Queensland Property Investments Pty Ltd ("the Company") give the following undertakings with respect to the Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 ("the Agreement"): 1. I have the authority given to me by the Company to provide this undertaking in relation to the application before the Fair Work Commission. 2 Operative Date: The Company undertakes to commence the Agreement 7 days after approval by the FWC, consistent with s 54 of the Act and as per Clause 4.19 of the Agreement. 3. Dispute Settlement Term: The Company undertakes that the Dispute Settlement Procedure will continue to apply to matters contained in the NES. 4. Ordinary Hours of Work: The Company undertakes that a casual employee may work up to 40 Ordinary hours per week, comprising 38 Ordinary hours plus 2 reasonable additional hours. 5. Annual Leave: a) The Company undertakes to update an employee's annual leave entitlement progressively through the year, based on their Ordinary hours of work Annual leave is currently updated on a weekly basis for weekly employees. b) In relation to part time employees, they are able to apply for and access annual leave as per full time employees. c) An employee covered by the Agreement who is a "shiftworker" as described in clause 26.4 of the Storage Services and Wholesale Award 2010 shall for the purposes of the Agreement be taken to be a "shiftworker" for the purposes of the National Employment Standards. 6. Personal Leave and Compassionate Leave: with the NES. a) The Company undertakes to ensure all employees will receive personal leave entitlements in line b) The Company undertakes to continue to ensure employees are permitted to take personal leave in line with s 97 of the Act. c) The Company undertakes to continue to ensure employees can access their personal leave in accordance with s 12 of the Act. d) The Company undertakes to continue to provide direct casual employees with unpaid compassionate leave as provided at s 104 of the Act. Casual employees are entitled to unpaid emergency services leave. 7. Public Holidays: The Company undertakes to recognise all declared or prescribed full day or part day public holidays, as per s 115 of the Act and Clause 29 of the Store Services and Wholesale Award 2010, 1
[2018] FWCA 2896
4
8. Termination:
••
10.
Date
a• The COmpany und@rtakes to provide emptoyee:s with notice l.n ~tuations of abandonment of
empJoym~nt.
b) The Company undertakes to appty s 123 or the Aet. Empl()lyees tcrrnl~ted fOt misconduct w111 bo
provided nodct. Employees terminated for $eflous mtsconduot wiiJ not be provided with nodct.
J:ury Servtce t.eeve:
The Company undefQkes to ~ J!M'y SeMce le~ oonskttnt. 'o\1th s 89 (2) of 1M Aa.
These undertakfncs a.re pn:Mded on the basis of Issues rais.td tJv the Fafr wort Comm tSSI on In
the appliutfon bcb't the Fair Wort. COm.mkslon.
r;
2
8. Termination: a) The Company undertakes to provide employees with notice in situations of abandonment of employment. b) The Company undertakes to apply s 123 of the Act. Employees terminated for misconduct will be provided notice. Employees terminated for serious misconduct will not be provided with notice. Jury Service Leave: The Company undertakes to apply Jury Service leave consistent with $ 89 (2) of the Act. 10. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 15/5/18 Date 2
National Union of Workers
Queensland Property Investments Pty Ltd
Melbourne Region I
Distribution Centre
Enterprise Agreement
2017-2020
National Union of Workers - Queensland Property Investments Pty Ltd Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020
phillips
Consultation, Flexibility and Undertakings
1. TABLE OF CONTENTS
Clause
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
App A
App B
AppC
App D
Subject MaHer
Index of Contents
Incidence of Agreement and Duration
Wage Rates and Allowances
Definitions
Classification Structure
Employment Status
Booking of Hours (Flex Up, Additional, Midnight shift Casual Hours and
Overtime) for Company Employees
Hours of Work
Overtime
Payment of Wages
Annual Leave
Personal Leave
Public Holidays
Meal Breaks, refreshment pauses and rest pauses
Dispute Resolution Procedure
Terms and Conditions of Employment
Redundancy
Superannuation
Jury Service
Compassionate Leave
Long service leave
Workers' Compensation & Accident Make-up Pay
Parental Leave
GPRP
No Extra Claims
Union Recognition
Stand-down procedure
Safety footwear and PPE
Employee Amenities
Daylight Savings
Introduction of Major Change
Equity
Multi Skilling and Rotation
Company policies
Signatures
MRDC Redundancy, Redeployment, Transition to Closure & Support
Services
Schedule of availability forms
Forecasted hours for permanent employees
Forecasted hours for casual employees
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020
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2
3
3
4
7
9
14
17
17
18
20
21
23
25
27
28
29
31
31
32
32
32
33
34
35
35
36
36
36
37
37
38
38
38
39
40
48
49
50
Page I 2
1. TABLE OF CONTENTS Clause Subject Matter Page 1 Index of Contents 2 2 Incidence of Agreement and Duration 3 3 Wage Rates and Allowances 3 4 Definitions 4 5 Classification Structure 7 6 Employment Status 9 7 Booking of Hours (Flex Up, Additional, Midnight shift Casual Hours and Overtime) for Company Employees 14 8 Hours of Work 17 9 Overtime 17 10 Payment of Wages 18 11 Annual Leave 20 12 Personal Leave 13 Public Holidays 21 14 23 Meal Breaks, refreshment pauses and rest pauses 15 Dispute Resolution Procedure 25 27 16 Terms and Conditions of Employment Redundancy 28 17 29 18 Superannuation 31 19 Jury Service 20 31 Compassionate Leave 21 32 Long service leave 22 Workers' Compensation & Accident Make-up Pay 32 23 32 24 Parental Leave 33 GPRP 34 25 No Extra Claims 26 35 Union Recognition 27 28 Stand-down procedure 35 36 29 Safety footwear and PPE 36 30 Employee Amenities 36 31 Daylight Savings Introduction of Major Change 37 32 37 33 Equity Multi Skilling and Rotation 38 34 38 Company policies 38 35 Signatures 39 App A MRDC Redundancy, Redeployment, Transition to Closure & Support 40 Services App B Schedule of availability forms 48 App C Forecasted hours for permanent employees 49 App D Forecasted hours for casual employees 50 Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 2
2. INCIDENCE Of AGREEMENT AND DURATION
2.1 This Agreement is made between and will apply to, Queensland Property Investments P /L of
1 Woolworths Way, Bella Vista, NSW 2153, ABN 92 009 661 027 (the Company), and
the National Union of Workers Victorian Branch, of 833 Bourke Street, Docklands, Victoria, 3008
(the Union) and employees of the Company who are engaged in the classifications in this
Agreement. This Agreement covers the total terms and conditions of employment for
employees at the Melbourne Regional Distribution Centre situated at 120 Northcorp Boulevard,
Broadmeadows (MRDC), Victoria who are engaged in the classifications in this Agreement.
2.2 Woolworths Group Limited agrees to guarantee all employee entitlements for which the
company is liable, and the company and Woolworths Group Limited will enter into a separate
guarantee agreement with the union to effect this ..
2.3 This Agreement shall apply at the Melbourne Regional Distribution Centre (including any future
on site developments) and shall not apply anywhere else, nor to any other Woolworths or
Safeway operation.
2.4 This Agreement shall apply from the Approval Date and its nominal expiry date will be
1 September 2020.
2.5 It is a specified term of this Agreement that during the life of this Agreement employees shall not
engage in any form of industrial action (bans, limitations, "go-slows", strikes, stoppages, etc.),
unless consistent with the provisions of the FW Act.
2.6 Transition to Closure of MRDC
2.6.1 The parties acknowledge that MRDC will be transitioning to closure (TtC), and closing, during
the term of this Agreement. Special provisions dealing with matters specific to the transition and
closure are set out in Appendix A of this Agreement.
2.7 Renegotiation
2.7.1 So long as the MRDC remains in operation at the time, the parties agree to commence
negotiations for a new Enterprise Agreement to succeed this Agreement at least three (3)
months before the nominal expiry date of this Agreement. The parties intend to conclude these
negotiations prior to the nominal expiry date. These negotiations will be conducted on a
collective basis between the parties with the negotiated outcome being collectively
approved.
2.7.2 The parties agree to bargain collectively in relation to any matters whether arising from this
Agreement or not including the renewal, extension, variation or renegotiation of this
Agreement.
2.7.3 If negotiations for a new Enterprise Agreement are not finalised prior to the nominal expiry date
of this Agreement, the rates of pay and conditions prescribed in this Agreement will continue to
be observed for all employees by the parties. Unless agreed, the Agreement will not be
terminated.
3. WAGE RATES AND ALLOWANCES
The following hourly wage rates and allowances apply commencing from the dates specified in
the table:
3.1 Wage Rates - Per week of 38 hours
Level Current Hourly Rate 1 September 2017 27 August 2018 2 September 2019
1 $28.36 $29.49 $30.67 $31.90
2 $34.31 $35.69 $37.11 $38.60
3 $34.89 $36.29 $37.74 $39.25
4 $35.94 $37.38 $38.88 $40.44
5 $37.43 $38.93 $40.49 $42.11
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 3
2. INCIDENCE OF AGREEMENT AND DURATION 2.1 This Agreement is made between and will apply to, Queensland Property Investments P/L of 1 Woolworths Way, Bella Vista, NSW 2153, ABN 92 009 661 027 (the Company), and the National Union of Workers Victorian Branch, of 833 Bourke Street, Docklands, Victoria, 3008 (the Union) and employees of the Company who are engaged in the classifications in this Agreement. This Agreement covers the total terms and conditions of employment for employees at the Melbourne Regional Distribution Centre situated at 120 Northcorp Boulevard, Broadmeadows (MRDC), Victoria who are engaged in the classifications in this Agreement. 2.2 Woolworths Group Limited agrees to guarantee all employee entitlements for which the company is liable, and the company and Woolworths Group Limited will enter into a separate guarantee agreement with the union to effect this .. 2.3 This Agreement shall apply at the Melbourne Regional Distribution Centre (including any future on site developments) and shall not apply anywhere else, nor to any other Woolworths or Safeway operation. 2.4 This Agreement shall apply from the Approval Date and its nominal expiry date will be 1 September 2020. 2.5 It is a specified term of this Agreement that during the life of this Agreement employees shall not engage in any form of industrial action (bans, limitations, "go-slows", strikes, stoppages, etc.), unless consistent with the provisions of the FW Act. 2.6 Transition to Closure of MRDC 2.6.1 The parties acknowledge that MRDC will be transitioning to closure (TtC), and closing, during the term of this Agreement. Special provisions dealing with matters specific to the transition and closure are set out in Appendix A of this Agreement. 2.7 Renegotiation 2.7.1 So long as the MRDC remains in operation at the time, the parties agree to commence negotiations for a new Enterprise Agreement to succeed this Agreement at least three (3) months before the nominal expiry date of this Agreement. The parties intend to conclude these negotiations prior to the nominal expiry date. These negotiations will be conducted on a collective basis between the parties with the negotiated outcome being collectively approved. 2.7.2 The parties agree to bargain collectively in relation to any matters whether arising from this Agreement or not including the renewal, extension, variation or renegotiation of this Agreement. 2.7.3 If negotiations for a new Enterprise Agreement are not finalised prior to the nominal expiry date of this Agreement, the rates of pay and conditions prescribed in this Agreement will continue to be observed for all employees by the parties. Unless agreed, the Agreement will not be terminated. 3. WAGE RATES AND ALLOWANCES The following hourly wage rates and allowances apply commencing from the dates specified in the table: 3.1 Wage Rates - Per week of 38 hours Level |Current Hourly Rate 1 September 2017 27 August 2018 2 September 2019 1 $28.36 $29.49 $30.67 $31.90 2 $34.31 $35.69 $37.11 $38.60 3 $34.89 $36.29 $37.74 $39.25 4 $35.94 $37.38 $38.88 $40.44 5 $37.43 $38.93 $40.49 $42.11 Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 3
3.1.2 If an employee requires re-training in a lower associate level, the employee will be paid the
lower rate for the duration of the re-training period.
3.1.3 If an employee is required to perform duties of a higher level classification for:
(a) less than two (2) hours a day, the employee is entitled to the higher classification rate
for that time;
(b) two (2) or more hours a day, the employee is entitled to the higher classification rate for
the day.
Provided that Level 1 employees shall only be entitled to the higher rate when performing Level
3 or higher duties on a regular basis.
3.2 Allowances
The allowances in this clause will apply from the dates listed below. The allowances specified in
this Agreement, including the overtime meal allowance, will be adjusted on the wage
anniversary by the wage percentage increase of 4%.
3.2.1 First Aid
A weekly employee appointed as the First Aid Attendant shall be paid the following weekly
allowance Level 1 standard:
Current Rate 1 September 2017 27 August 2018 2 September 2019
$22.32 $23.21 $24.14 $25.11
This allowance will be paid as part of the appointed employee's weekly wage aod will be paid
regardless of banked time in lieu or accrued leave entitlements (except for long seNice leave)
taken in any one week.
3.2.2 Container allowance
Employees hand-unloading containers will be paid an additional hourly rate for each hour
worked on container un-loading.
Current Rate 1 September 2017 27 August 2018 2 September 2019
$4.40 $4.58 $4.76 $4.95
3.2.3 Overtime meal allowance
Where management have not advised the employee of overtime, twenty-four (24) hours in
advance, then a meal allowance will be paid, if at least one (1) hour of overtime is worked by
the employee.
Current Rate 1 September 2017 27 August 2018 2 September 2019
$16.52 $17.18 $17.87 $18.58
4. DEFINITIONS
4.1 Weekly employee means a full-time or part-time employee.
4.2 Full-time employee, means a weekly employee who works thirty-eight (38) hours each week:
(a) on the basis of four x 9.5 hour shifts; or
(b) as otherwise agreed between the Company and an individual employee.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 4
3.1.2 If an employee requires re-training in a lower associate level, the employee will be paid the lower rate for the duration of the re-training period. 3.1.3 If an employee is required to perform duties of a higher level classification for: (a) less than two (2) hours a day, the employee is entitled to the higher classification rate for that time; (b) two (2) or more hours a day, the employee is entitled to the higher classification rate for the day. Provided that Level 1 employees shall only be entitled to the higher rate when performing Level 3 or higher duties on a regular basis. 3.2 The allowances in this clause will apply from the dates listed below. The allowances specified in Allowances this Agreement, including the overtime meal allowance, will be adjusted on the wage anniversary by the wage percentage increase of 4%. 3.2.1 First Aid A weekly employee appointed as the First Aid Attendant shall be paid the following weekly allowance Level 1 standard: Current Rate 1 September 2017 27 August 2018 2 September 2019 $22.32 $23.21 $24.14 $25.11 This allowance will be paid as part of the appointed employee's weekly wage and will be paid regardless of banked time in lieu or accrued leave entitlements (except for long service leave) taken in any one week. 3.2.2 Container allowance Employees hand-unloading containers will be paid an additional hourly rate for each hour worked on container un-loading. Current Rate 1 September 2017 27 August 2018 2 September 2019 $4.40 $4.58 $4.76 $4.95 3.2.3 Overtime meal allowance Where management have not advised the employee of overtime, twenty-four (24) hours in advance, then a meal allowance will be paid, if at least one (1) hour of overtime is worked by the employee. Current Rate 1 September 2017 27 August 2018 2 September 2019 $16.52 $17.18 $17.87 $18.58 4. DEFINITIONS 4.1 Weekly employee means a full-time or part-time employee. 4.2 Full-time employee, means a weekly employee who works thirty-eight (38) hours each week: (a) (b) on the basis of four x 9.5 hour shifts; or as otherwise agreed between the Company and an individual employee .. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 4
4.3 Part-time employee, means a weekly employee who works a contracted work roster of
between sixteen (16) and thirty-four (34) hours per week. Part-time employees accrue
entitlements on a proportionate basis, based on their contracted work roster and. "Flex up
Hours" up to a maximum of 38 hours.
4.4 Casual employee, means a non-weekly employee who is ready, willing and available to work
the hours required by the Company, at call. A casual employee may have their hours rostered
for the convenience of operational and employee planning.
4.5 "Base Hourly Rate of Pay" means the wage rate prescribed at clause 3.1 of this Agreement for a
particular level
4.6 A "week" is defined as Monday to Sunday, both days inclusive.
4.7 A "contracted work roster" means the contracted hours a full-time or part-time employee is
rostered to work on any day or combination of days, during the week and includes the
employee's start/finish times and whether the employee is engaged on day shift, afternoon shift
or night shift. A full-time or part-time employee's contracted work roster does not include any
"Flex-Up Hours", "Additional Hours" or overtime hours worked by the employee.
4.8 "Flex-Up Hours" means hours that are worked by part-time employees above their contracted
work roster in accordance with clause 6.2.6(a) of this Agreement. Flex-Up Hours do not form
part of a part-time employee's contracted work roster. A part-time employee's entitlement to
accrued leave will accrue based on their contracted work roster and Flex-Up hours. Flex-Up
hours will be counted towards any redundancy entitlement in accordance with Appendix A.
4.9 "Additional Hours" means hours requested and worked by:
(a) a part time employee above their contracted work roster and "Flex Up Hours" (in
accordance with clause 6.2.7 of this Agreement);
(b) a full time employee above their contracted work roster in accordance with clause
6.1.5 of this Agreement.
"Additional Hours" are not taken into account to determine any other entitlements for an
employee, such as annual leave and personal leave. However, "Additional Hours" will be taken
into account for the purposes of determining an employee's OTE, as noted in clause 18.1 of this
Agreement.
4.10 "Midnight Shiff" refers to hours worked as described in Clauses 7 .2.
4.11 A "day" means the twenty-four (24) hours from 0000 hours to 2400 hours.
4.12 "Probationary employment period" means the first three (3) months of employment, where
termination of employment may take place by either party by the giving of one week's notice
(or payment in lieu or forfeit thereof).
4.13 "Continuous service" means a continuous period of service with the Company which is deemed
to be unbroken notwithstanding:-
( a) Any annual leave, long service leave or paid personal leave taken during that period;
(b) Any interruption or ending of the employment by the Company and such action is
taken with the intention of avoiding obligations in respect of annual leave, long service
leave and paid personal leave;
(c) Any absence on account of leave, other than annual leave, long service leave or
paid personal leave, granted, imposed or agreed to by the Company;
(d) Any absence on any other account not involving termination of employment;
and in calculating a year of employment, any absence of a kind mentioned in paragraphs (a)
or (b) above, shall be counted as part of the year of employment. Absences of a kind
mentioned in paragraphs (c) or (d) above, will not be counted and it will be necessary for the
employee to serve an additional period that equals the period of absences, for the purposes of
entitlements accruals.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 5
4.3 Part-time employee, means a weekly employee who works a contracted work roster of between sixteen (16) and thirty-four (34) hours per week. Part-time employees accrue entitlements on a proportionate basis, based on their contracted work roster and."Flex up Hours" up to a maximum of 38 hours. 4.4 Casual employee, means a non-weekly employee who is ready, willing and available to work the hours required by the Company, at call. A casual employee may have their hours rostered for the convenience of operational and employee planning. 4.5 "Base Hourly Rate of Pay" means the wage rate prescribed at clause 3.1 of this Agreement for a particular level 4.6 A "week" is defined as Monday to Sunday, both days inclusive. 4.7 A "contracted work roster" means the contracted hours a full-time or part-time employee is rostered to work on any day or combination of days, during the week and includes the employee's start/finish times and whether the employee is engaged on day shift, afternoon shift or night shift. A full-time or part-time employee's contracted work roster does not include any "Flex-Up Hours", "Additional Hours" or overtime hours worked by the employee. 4.8 "Flex-Up Hours" means hours that are worked by part-time employees above their contracted work roster in accordance with clause 6.2.6(a) of this Agreement. Flex-Up Hours do not form part of a part-time employee's contracted work roster. A part-time employee's entitlement to accrued leave will accrue based on their contracted work roster and Flex-Up hours. Flex-Up hours will be counted towards any redundancy entitlement in accordance with Appendix A. 4.9 "Additional Hours" means hours requested and worked by: (a) a part time employee above their contracted work roster and "Flex Up Hours" (in accordance with clause 6.2.7 of this Agreement); (b) a full time employee above their contracted work roster in accordance with clause 6.1.5 of this Agreement. "Additional Hours" are not taken into account to determine any other entitlements for an employee, such as annual leave and personal leave. However, "Additional Hours" will be taken into account for the purposes of determining an employee's OTE, as noted in clause 18.1 of this Agreement. 4.10 "Midnight Shift" refers to hours worked as described in Clauses 7.2. 4.11 A "day" means the twenty-four (24) hours from 0000 hours to 2400 hours. 4.12 "Probationary employment period" means the first three (3) months of employment, where termination of employment may take place by either party by the giving of one week's notice (or payment in lieu or forfeit thereof). 4.13 "Continuous service" means a continuous period of service with the Company which is deemed to be unbroken notwithstanding :- (a) Any annual leave, long service leave or paid personal leave taken during that period; Any interruption or ending of the employment by the Company and such action is taken with the intention of avoiding obligations in respect of annual leave, long service (c) leave and paid personal leave; Any absence on account of leave, other than annual leave, long service leave or (d) paid personal leave, granted, imposed or agreed to by the Company; Any absence on any other account not involving termination of employment; and in calculating a year of employment, any absence of a kind mentioned in paragraphs (a) or (b) above, shall be counted as part of the year of employment. Absences of a kind mentioned in paragraphs (c) or (d) above, will not be counted and it will be necessary for the employee to serve an additional period that equals the period of absences, for the purposes of entitlements accruals. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 5
4.14 "Rostered Day Off" (ROO) means the day off work accrued arising from a full time employee
working their contracted work roster on a nineteen (19) day four (4) week cycle to an average
of 38 hours. To avoid any doubt, a full time employee working a four x 9.5 shift roster cycle is not
entitled to a RDO.
4.15 "Non-rostered working day" (N.R.W.D) means a day the employee is not rostered to work
contracted hours.
4.16 "Preference Hierarchy" means the following hierarchy, which applies throughout this agreement
unless otherwise specified:
(a) Full-time employees;
(b) Part-time employees;
(c) Company casuals;
(d) Indirect casuals.
4.17 "Premium days"- Saturday and Sunday are considered premium days for the purpose of this
Agreement.
4.18 "Agreement" means this Enterprise Agreement.
4.19 "Approval Date" means the date seven days after this Agreement is approved by FWC.
4.20 "FWC" means Fair Work Commission.
4.21 "FW Act" means the Fair Work Act 2009, as amended from time to time.
4.22 "NES" means the National Employment Standards, as in operation under the FW Act from 1
January 2010.
4.23 "TCCC" is defined as the Transition to Closure Consultative Committee, as per Appendix A.
4.24 "MRDC Closure" is defined as the date at which the MRDC entirely ceases operations (which is
expected to commence in the first quarter 20 19)
4.25 "TtC" is an acronym for "Transition to Closure" which refers to the process of MRDC being
transitioned to full closure of the site. (which is expected to commence in the first quarter 2019)
4.26 "Temporary Contract" means a contract that applies when a weekly employee is moved to an
alternative work roster in lieu of being made redundant. This will only apply to permanent team
members who are required to change shifts due to the impacts arising from the transition to
closure and may include full-time transitions to part-time and /or changes of shifts. Where an
employee is moved to a Temporary Contract, their severance pay entitlement will be
calculated in accordance with their contracted work roster as at immediately prior to the
commencement of the Temporary Contract(s)
4.27 "Redundancy" for the purposes of this agreement has the same definition as retrenchment.
4.28 Fixed term (temporary) employee, means an employee engaged as a specific full time or part
time employee for a specific time (with a written commencement/cessation date specified
prior to commencement of employment). This definition may apply to new or existing part time
and casual employees taking up a full time relief. Such employees may be engaged to perform
seasonal work for between three (3) and six (6) months. Where such employees are engaged
to cover scheduled employee leave of absence, the engagement period will be for the period
of the absence, with a minimum of 4 weeks and a maximum of fifty-two (52) weeks. The
Company will not employ employees on this type of arrangement once the TtC commences.
Once the TtC commences, employees may be engaged on Temporary Contracts as defined in
clause 4.26.
Melbourne Regional Distribution Centre Enterprise Agreernent 2017-2020 Page I 6
4.14 "Rostered Day Off" (RDO) means the day off work accrued arising from a full time employee working their contracted work roster on a nineteen (19) day four (4) week cycle to an average of 38 hours. To avoid any doubt, a full time employee working a four x 9.5 shift roster cycle is not entitled to a RDO. 4.15 "Non-rostered working day" (N.R.W.D) means a day the employee is not rostered to work contracted hours. 4.16 "Preference Hierarchy" means the following hierarchy, which applies throughout this agreement unless otherwise specified: (a) Full-time employees; 1b Part-time employees; (c) Company casuals; (d) Indirect casuals. 4.17 "Premium days" - Saturday and Sunday are considered premium days for the purpose of this Agreement. 4.18 "Agreement" means this Enterprise Agreement. 4.19 "Approval Date" means the date seven days after this Agreement is approved by FWC. 4.20 "FWC" means Fair Work Commission. 4.21 "FW Act" means the Fair Work Act 2009, as amended from time to time. 4.22 "NES" means the National Employment Standards, as in operation under the FW Act from 1 January 2010. 4.23 "TCCC" is defined as the Transition to Closure Consultative Committee, as per Appendix A. 4.24 "MRDC Closure" is defined as the date at which the MRDC entirely ceases operations (which is expected to commence in the first quarter 2019) 4.25 "TIC" is an acronym for "Transition to Closure" which refers to the process of MRDC being transitioned to full closure of the site. (which is expected to commence in the first quarter 2019) 4.26 "Temporary Contract" means a contract that applies when a weekly employee is moved to an alternative work roster in lieu of being made redundant. This will only apply to permanent team members who are required to change shifts due to the impacts arising from the transition to closure and may include full-time transitions to part-time and /or changes of shifts. Where an employee is moved to a Temporary Contract, their severance pay entitlement will be calculated in accordance with their contracted work roster as at immediately prior to the commencement of the Temporary Contract (s) 4.27 "Redundancy" for the purposes of this agreement has the same definition as retrenchment. 4.28 Fixed term (temporary) employee, means an employee engaged as a specific full time or part time employee for a specific time (with a written commencement/cessation date specified prior to commencement of employment). This definition may apply to new or existing part time and casual employees taking up a full time relief. Such employees may be engaged to perform seasonal work for between three (3) and six (6) months. Where such employees are engaged to cover scheduled employee leave of absence, the engagement period will be for the period of the absence, with a minimum of 4 weeks and a maximum of fifty-two (52) weeks. The Company will not employ employees on this type of arrangement once the TtC commences. Once the TtC commences, employees may be engaged on Temporary Contracts as defined in clause 4.26. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page [ 6
5. CLASSIFICATION STRUCTURE
The purpose of the classification structure and the method of operating are to ensure multi
skilling and to promote a team based operation. To this end a five (5) level classification
structure applies.
All employees, as part of their contract of employment, are required to undertake training as
directed to achieve the concept of multi-skilling and continuous learning at each Associate
Level.
5.1 Higher Duties Reclassification
Once an employee works one hundred and twenty (120) days in any twelve (12) month period,
in any higher classification, they then shall be permanently reclassified to the higher grade with
variations to be considered on a case by case basis.
In the case of an employee whose contracted work roster is four (4) days a week, that
employee will be required to work ninety six (96) days in any twelve (12) month period, in any
higher classification, to be permanently reclassified to the higher grade.
In the case of an employee whose contracted work roster is three (3) days a week, that
employee will be required to work seventy two (72) days in any twelve ( 12) month period, in any
higher classification, to be permanently reclassified to the higher grade.
Higher duties, in the case of relief assignments, will be given to the most qualified individual,
subject to the Preference Hierarchy.
Preference will be given to full time and part time permanent employees where they have the
necessary skill set and licences.
Higher duties positions will also be used for employee development and will be assigned as
required, subject to the Preference Hierarchy.
5.2 Associate Levell - Entry employment
Employees at this level are required to undertake extensive learning and skill development.
Entry level training includes: induction; OH&S; operation of equipment; operation of systems;
operation of processes; company policies and procedures; team based operation; standards
and incentive operations; customer service; any other induction information and/or work
requirements, etc. Upon attaining the required levels of work performance for the operational
sections, the employee would progress through to Associate Level 2 upon completion of 1560
hours or after 18 months (whichever occurs first). Current employees engaged direct and/or
indirect prior to the commencement of this Agreement will still progress to Level 2 after 12
months.
5.3 Associate Level 2 - Multi-skilled Storeperson
Employees at this level may be required to perform any of the full range of duties associated
with the operation. Such duties include, but are not limited too;
Cleaning; Housekeeping; Picking; Packing; Replenishing; Loading and Unloading of vehicles;
Sortation Loader; Operation of Computer Equipment; Operation of Non-licensed Materials
Handling Equipment; Acceptance and Despatch of goods; Operation of High Speed Storage
and Retrieval Systems; Operation of RF Equipment; Mentoring; Administrative work; ancillary
functions associated with the above and other duties as directed.
Associate Level 2 - Maintenance Assistant- Clerk
An employee who provides a competent administrative service in support of the maintenance
function as directed by the Maintenance Manager, and has limited knowledge on equipment
used in the operation. A Maintenance Assistant - Clerk will be required but not restricted to
duties, which require utilising mechanical and electrical devices and computer technology for
the documentation, control and recording of maintenance work.
Responsibilities include but are not limited to: processing invoices, purchase orders and job
documentation; office supplies replenishment; data collation for budget and other
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 7
5. CLASSIFICATION STRUCTURE The purpose of the classification structure and the method of operating are to ensure multi- skilling and to promote a team based operation. To this end a five (5) level classification structure applies. All employees, as part of their contract of employment, are required to undertake training as directed to achieve the concept of multi-skilling and continuous learning at each Associate Level. 5.1 Higher Duties Reclassification Once an employee works one hundred and twenty (120) days in any twelve (12) month period, in any higher classification, they then shall be permanently reclassified to the higher grade with variations to be considered on a case by case basis. In the case of an employee whose contracted work roster is four (4) days a week, that employee will be required to work ninety six (96) days in any twelve (12) month period, in any higher classification, to be permanently reclassified to the higher grade. In the case of an employee whose contracted work roster is three (3) days a week, that employee will be required to work seventy two (72) days in any twelve (12) month period, in any higher classification, to be permanently reclassified to the higher grade. Higher duties, in the case of relief assignments, will be given to the most qualified individual, subject to the Preference Hierarchy. Preference will be given to full time and part time permanent employees where they have the necessary skill set and licences. Higher duties positions will also be used for employee development and will be assigned as required, subject to the Preference Hierarchy. 5.2 Associate Level 1 - Entry employment Employees at this level are required to undertake extensive learning and skill development. Entry level training includes: induction; OH&S; operation of equipment; operation of systems; operation of processes; company policies and procedures; team based operation; standards and incentive operations; customer service; any other induction information and/or work requirements, etc. Upon attaining the required levels of work performance for the operational sections, the employee would progress through to Associate Level 2 upon completion of 1560 hours or after 18 months (whichever occurs first). Current employees engaged direct and/or indirect prior to the commencement of this Agreement will still progress to Level 2 after 12 months. 5.3 Associate Level 2 - Multi-skilled Storeperson Employees at this level may be required to perform any of the full range of duties associated with the operation. Such duties include, but are not limited too; Cleaning; Housekeeping; Picking; Packing; Replenishing; Loading and Unloading of vehicles; Sortation Loader; Operation of Computer Equipment; Operation of Non-licensed Materials Handling Equipment; Acceptance and Despatch of goods; Operation of High Speed Storage and Retrieval Systems; Operation of RF Equipment; Mentoring; Administrative work; ancillary functions associated with the above and other duties as directed. Associate Level 2 - Maintenance Assistant - Clerk An employee who provides a competent administrative service in support of the maintenance function as directed by the Maintenance Manager, and has limited knowledge on equipment used in the operation. A Maintenance Assistant - Clerk will be required but not restricted to duties, which require utilising mechanical and electrical devices and computer technology for the documentation, control and recording of maintenance work. Responsibilities include but are not limited to: processing invoices, purchase orders and job documentation; office supplies replenishment; data collation for budget and other Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 7
maintenance analysis; liaising with suppliers; stocktaking and general administrative duties as
directed. Also performs a limited range of storeperson's functions at times as directed.
5.4 Associate Level 3- Equipment Operator
Employees at this level who hove all the skills of a Associate Level 2 Multi-skilled Storeperson who
is principally engaged in the operation of materials handling equipment requiring licensing
under the relevant Workcover Regulations.
Associate Level 3 - Maintenance Assistant- Storeperson
An employee who provides a competent spare parts control service in support of the
maintenance function as directed by the Maintenance Manager, and has limited knowledge
on equipment used in the operation. A Maintenance Assistant- Storeperson will be required
but not restricted to duties, which require utilising mechanical and electrical devices and
computer technology for the accounting, control, movement and documentation of spare
parts.
Responsibilities include but are not limited to: stock control such as issuing and receipting of
parts; packaging and transportation of parts; purchasing and replenish of stock; organising
repairs of spare parts; liaising with suppliers; stocktaking and general administrative duties as
directed.
Associate Level 3 - Maintenance Assistant- Battery Attendant I Tradesperson's Assistant
An employee who provides a competent battery changing and limited maintenance service in
support of the maintenance function as directed by the Maintenance Manager, and has
reasonable knowledge on equipment used in the operation.
Responsibilities include but are not limited to: battery changing; battery fault diagnosis and
repairs; minor servicing and repair tasks of general equipment; assistance to maintenance
tradesperson and general maintenance duties as directed.
5.5 Associate Level 4 - Advanced skilled Storeperson
Employees at this level undertake advanced operations requiring a higher level of skill. Such
duties include but are not limited to: Packing Coordination; System operation including
inventory, fault finding and rectification, work flow systems and resources; general repairs and
maintenance of materials handling equipment, building and grounds; workplace trainer; other
duties as directed.
Associate Level 4 - Maintenance Tradesperson - Mechanic I Fitter
An employee who is a qualified or competent tradesperson and provides a competent
maintenance service in support of the maintenance function as directed by the Maintenance
Manager, and has sound knowledge on equipment used in the operation. In addition is able
to conduct and advise on repairs to equipment used in the operation on a nominated shift
insuring minimum down time.
Responsibilities include but are not limited to: servicing, fault diagnosis and repairs to mobile
plant, material handling equipment and facilities; compilation of maintenance documentation
and other general maintenance duties as directed.
5.6 Associate Level 5 - Leading hands
Employees at this level will undertake duties such as those of leading hands. Such duties include
but are not limited to: Coordinating Distribution Teams undertake Management Relief when
directed, other duties as directed. During periods of appointed management relief the
appropriate management pay rate will apply.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 8
maintenance analysis; liaising with suppliers; stocktaking and general administrative duties as directed. Also performs a limited range of storeperson's functions at times as directed. 5.4 Associate Level 3 - Equipment Operator Employees at this level who have all the skills of a Associate Level 2 Multi-skilled Storeperson who is principally engaged in the operation of materials handling equipment requiring licensing under the relevant Workcover Regulations. Associate Level 3 - Maintenance Assistant - Storeperson An employee who provides a competent spare parts control service in support of the maintenance function as directed by the Maintenance Manager, and has limited knowledge on equipment used in the operation. A Maintenance Assistant - Storeperson will be required but not restricted to duties, which require utilising mechanical and electrical devices and computer technology for the accounting, control, movement and documentation of spare Responsibilities include but are not limited to: stock control such as issuing and receipting of parts. parts; packaging and transportation of parts; purchasing and replenish of stock; organising repairs of spare parts; liaising with suppliers; stocktaking and general administrative duties as directed. Associate Level 3 - Maintenance Assistant - Battery Attendant / Tradesperson's Assistant An employee who provides a competent battery changing and limited maintenance service in support of the maintenance function as directed by the Maintenance Manager, and has reasonable knowledge on equipment used in the operation. Responsibilities include but are not limited to: battery changing; battery fault diagnosis and repairs; minor servicing and repair tasks of general equipment; assistance to maintenance tradesperson and general maintenance duties as directed. 5.5 Associate Level 4 - Advanced skilled Storeperson Employees at this level undertake advanced operations requiring a higher level of skill. Such duties include but are not limited to: Packing Coordination; System operation including inventory, fault finding and rectification, work flow systems and resources; general repairs and maintenance of materials handling equipment, building and grounds; workplace trainer; other duties as directed. Associate Level 4 - Maintenance Tradesperson - Mechanic / Fitter An employee who is a qualified or competent tradesperson and provides a competent maintenance service in support of the maintenance function as directed by the Maintenance Manager, and has sound knowledge on equipment used in the operation. In addition is able to conduct and advise on repairs to equipment used in the operation on a nominated shift insuring minimum down time Responsibilities include but are not limited to: servicing, fault diagnosis and repairs to mobile plant, material handling equipment and facilities; compilation of maintenance documentation and other general maintenance duties as directed. 5.6 Associate Level 5 - Leading hands Employees at this level will undertake duties such as those of leading hands. Such duties include but are not limited to: Coordinating Distribution Teams undertake Management Relief when directed, other duties as directed. During periods of appointed management relief the appropriate management pay rate will apply. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 8
6. EMPLOYMENT STATUS
(a) Split Shifts
Split shifts will not be offered to employees.
(b) Ten hour break between shifts
If, on the direction of the employer, an employee resumes work or continues work
without having had ten consecutive hours off duty the employee will be paid at a rate
of double time until released from duty and will then be absent until the employee has
had 10 consecutive hours off duty without loss of pay from the employee's contracted
work roster during such an absence. Where possible the employer will ensure that
employees are provided with a 1 0 hour break.
(c) Minimum roster cycles
A weekly employee shall be guaranteed a minimum work roster cycle of four (4) weeks.
6.1 Full-time employees
6.1.1 A full-time employee:
(a) Works thirty eight (38) contracted hours, which may be averaged over a four (4) week
cycle; and
(b) Whose contracted work roster includes a weekend day(s), and where their roster
includes provision for an RDO, will be placed on a rolling RDO; and
(c) Will be rostered to work a maximum of 19 contracted starts per four week cycle.
(d) Unless by mutual agreement between the Company and an individual employee, the
contracted work roster will provide for a minimum of two consecutive days off work per
week for full-time employees.
6.1.2 From the commencement of this Agreement, full-time employees will be required to:
(a) Work 9.5 hours, on a four day working week on the basis of:
(i) Commencing at 6.00 am and finishing at 4.00 pm for day shift; and
(ii) Commencing at 3.00 pm and finishing at 12.30 am for afternoon shift;
(b) Work in a manner different from clause 6.1.2(a) if the Company and an individual
employee otherwise agree and subject to clauses 8.1, 8.3 and 8.4.
6.1 .3 The following provisions will apply to changes of contracted work rosters:
(a) The Company will not move any permanent employees into another shift without the
individual's agreement and such a move will be recorded as a temporary contract;
(b) However, when making changes, the Company will be mindful of the full-time
employee's circumstances, including family responsibilities, individual travel
arrangements, financial hardship, secondary and tertiary study commitments and
religious observance and will endeavor to minimise impacts where possible;
(c) A change to a permanent full-time employee's contracted work roster may occur:
(i) Upon not less than 14 days' written notice, or
(ii) Earlier by agreement between the employee and the Company.
(d) Should a full-time employee disagree with any roster change, they shall be given
14 days' written notice during which time there shall be discussions aimed at resolving
the matter. In the first instance this will be addressed in the TCCC and if not resolved then
in accordance with the Dispute Resolution Procedure to ensure that procedural fairness
will occur.
6.1.4 The maximum daily contracted work roster will be 9.5 hours exclusive of unpaid breaks and the
minimum daily contracted work roster will be eight (8) hours.
6.1.5 Additional Hours
(a) Where the work is available, full time employees can request and work up to a
maximum of 10.5 hours above thirty eight (38) contracted hours per week
("Additional Hours").
(b) "Additional Hours":
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 9
6. EMPLOYMENT STATUS (a) Split Shifts Split shifts will not be offered to employees. (b) Ten hour break between shifts If, on the direction of the employer, an employee resumes work or continues work without having had ten consecutive hours off duty the employee will be paid at a rate of double time until released from duty and will then be absent until the employee has had 10 consecutive hours off duty without loss of pay from the employee's contracted work roster during such an absence. Where possible the employer will ensure that employees are provided with a 10 hour break. (c) Minimum roster cycles A weekly employee shall be guaranteed a minimum work roster cycle of four (4) weeks. 6.1 Full-time employees 6.1.1 A full-time employee: (a) Works thirty eight (38) contracted hours, which may be averaged over a four (4) week cycle; and (b) Whose contracted work roster includes a weekend day(s), and where their roster includes provision for an RDO, will be placed on a rolling RDO; and (c) (d) Will be rostered to work a maximum of 19 contracted starts per four week cycle. Unless by mutual agreement between the Company and an individual employee, the contracted work roster will provide for a minimum of two consecutive days off work per week for full-time employees. 6.1.2 From the commencement of this Agreement, full-time employees will be required to: (a) Work 9.5 hours, on a four day working week on the basis of (0) Commencing at 6.00 am and finishing at 4.00 pm for day shift; and (ii) Commencing at 3.00 pm and finishing at 12.30 am for afternoon shift; (b) Work in a manner different from clause 6.1.2(a) if the Company and an individual employee otherwise agree and subject to clauses 8.1, 8.3 and 8.4. 6.1.3 The following provisions will apply to changes of contracted work rosters: (a) The Company will not move any permanent employees into another shift without the individual's agreement and such a move will be recorded as a temporary contract; (b) However, when making changes, the Company will be mindful of the full-time employee's circumstances, including family responsibilities, individual travel arrangements, financial hardship, secondary and tertiary study commitments and religious observance and will endeavor to minimise impacts where possible; (c) A change to a permanent full-time employee's contracted work roster may occur: (i) Upon not less than 14 days' written notice, or (ii) Earlier by agreement between the employee and the Company. (d) Should a full-time employee disagree with any roster change, they shall be given 14 days' written notice during which time there shall be discussions aimed at resolving the matter. In the first instance this will be addressed in the TCCC and if not resolved then in accordance with the Dispute Resolution Procedure to ensure that procedural fairness will occur. 6.1.4 The maximum daily contracted work roster will be 9.5 hours exclusive of unpaid breaks and the minimum daily contracted work roster will be eight (8) hours. 6.1.5 Additional Hours (a) Where the work is available, full time employees can request and work up to a maximum of 10.5 hours above thirty eight (38) contracted hours per week ("Additional Hours"). (b) "Additional Hours": Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 9
(i) Will be paid at the employee's Base Hourly Rate of Pay for the level of the
function being performed plus a loading of twenty five per cent (25%) per hour.
The loading is being paid to an employee in lieu of any other entitlements
otherwise associated with working the "Additional Hours". Applicable shift loading
will also apply to "Additional Hours" as per clause 6.1.5(c) and 6.1.5(d);
(ii) Can be worked Monday to Friday on the same shift (i.e. day/afternoon) as the full
time employee's contracted shift unless the "Additional Hours" are "Weekend
Additional Hours" or "Midnight shift" Hours (refer clause 7.2). However, this clause
will be reviewed and may change depending on the agreed outcomes from the
TCCC;
(iii) Can be worked during a weekend ("Weekend Additional Hours") on either day or
afternoon shift;
(iv) Will not be counted, nor treated, as overtime hours for the purposes of this
Agreement.
(c) "Additional Hours" for full time employees will only attract the afternoon shift loading on
"Additional Hours" worked within that afternoon shift. For example, should a full time
employee work "Additional Hours" that go across day shift and afternoon shift, the
employee will only receive the shift penalty for the "Additional Hours" worked after 8pm.
"Additional Hours" worked prior to 8pm will not attract the afternoon shift loading.
(d) "Additional Hours" for full time employees working the Midnight Shift will attract the
applicable loading as prescribed in Clause 7.2.
(e) At the time of booking "Additional Hours", full time employees can elect to bank the
"Additional Hours" worked. However, the full time employee can only elect to bank as
time in lieu:
(i) 9.5 hours shift (8 hours in cases of employees who have an ROO); and
(ii) On no more than 4 occasions;
in any anniversary wage year (Banked Hours).
The booking process for time in lieu specified above may change subject to agreed
outcomes from the TCCC.
(f) The taking of time in lieu of Banked Hours can be taken on any day of the employee's
contracted work roster. The Banked Hours taken will be paid at the rate of earning as
stated in clause 6.1.5(b), clause 6.1.5(c) and clause 6.1.5(d).
(g) Time in lieu for Banked Hours may be held until the wage increase anniversary of this
Agreement, in the following year. Any unused Banked Hours will be paid out
immediately preceding this Agreement's wage increase anniversary. The Banked Hours
not used or taken will be paid out at the rate of earning as stated in clause 6.1.5(b),
clause 6.1.5(c) and clause 6.1.5(d).
6.1.6 Full time employees can only work a maximurn of six (6) consecutive days including "Additional
Hours".
6.1 .7 Transfer by existing full time employees
(a) No existing full time employees will be transferred to part time employment without the
written consent of the employee concerned and then only as a "temporary contract".
(b) When moving full-time employees to part-time, the company will ensure that the
maximum amount of hours available are provided to employees )in line with their
roster availability. The Company will also provide these employees with preference for
available flex-up hours as they arise.
(c) The Company must not terminate the employment of a full time employee with the
intention of re-employing him or her as a part time employee.
(d) A full time employee will be permitted to convert to part time employment by
agreement in writing with the Company. An employee may transfer back to full time
employment by agreement with the Company and such transfer must be recorded in
writing.
(e) Employment will be deemed to be continuous for annual leave, long service leave,
personal leave, service award purposes and redundancy entitlement purposes.
(f) Future personal and annual leave entitlements, after the date of transfer, will accrue
as per the employee's temporary contract (with entitlements already accrued prior to
the employee entering into the temporary contract/s unaffected). An employee's
long service leave entitlement/accrual will be unaffected by any temporary contract
and will be based on the employee's contracted work roster as at immediately prior to
the employee entering into the temporary contract/s.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 10
(i) Will be paid at the employee's Base Hourly Rate of Pay for the level of the function being performed plus a loading of twenty five per cent (25%) per hour. The loading is being paid to an employee in lieu of any other entitlements otherwise associated with working the "Additional Hours". Applicable shift loading will also apply to "Additional Hours" as per clause 6.1.5(c) and 6.1.5(d); (ii) Can be worked Monday to Friday on the same shift (i.e. day/afternoon) as the full time employee's contracted shift unless the "Additional Hours" are "Weekend Additional Hours" or "Midnight shift" Hours (refer clause 7.2). However, this clause will be reviewed and may change depending on the agreed outcomes from the (iii) TCCC; Can be worked during a weekend ("Weekend Additional Hours") on either day or afternoon shift; (iv) Will not be counted, nor treated, as overtime hours for the purposes of this Agreement. (c) "Additional Hours" for full time employees will only attract the afternoon shift loading on "Additional Hours" worked within that afternoon shift. For example, should a full time employee work "Additional Hours" that go across day shift and afternoon shift, the employee will only receive the shift penalty for the "Additional Hours" worked after 8pm. "Additional Hours" worked prior to 8pm will not attract the afternoon shift loading. (d) "Additional Hours" for full time employees working the Midnight Shift will attract the (e) applicable loading as prescribed in Clause 7.2. At the time of booking "Additional Hours", full time employees can elect to bank the "Additional Hours" worked. However, the full time employee can only elect to bank as time in lieu: (i) 9.5 hours shift (8 hours in cases of employees who have an RDO); and (ii) On no more than 4 occasions; in any anniversary wage year (Banked Hours). The booking process for time in lieu specified above may change subject to agreed (f) outcomes from the TCCC. The taking of time in lieu of Banked Hours can be taken on any day of the employee's contracted work roster. The Banked Hours taken will be paid at the rate of earning as stated in clause 6.1.5(b), clause 6.1.5(c) and clause 6.1.5(d). (g) Time in lieu for Banked Hours may be held until the wage increase anniversary of this Agreement, in the following year. Any unused Banked Hours will be paid out immediately preceding this Agreement's wage increase anniversary. The Banked Hours not used or taken will be paid out at the rate of earning as stated in clause 6.1.5(b), clause 6.1.5(c) and clause 6.1.5(d). 6.1.6 Full time employees can only work a maximum of six (6) consecutive days including "Additional Hours". 6.1.7 Transfer by existing full time employees (a) No existing full time employees will be transferred to part time employment without the written consent of the employee concerned and then only as a "temporary contract". (b) When moving full-time employees to part-time, the company will ensure that the maximum amount of hours available are provided to employees ) in line with their roster availability. The Company will also provide these employees with preference for available flex-up hours as they arise. (c) The Company must not terminate the employment of a full time employee with the intention of re-employing him or her as a part time employee. (d) A full time employee will be permitted to convert to part time employment by agreement in writing with the Company. An employee may transfer back to full time employment by agreement with the Company and such transfer must be recorded in writing. (e) Employment will be deemed to be continuous for annual leave, long service leave, (f) personal leave, service award purposes and redundancy entitlement purposes. Future personal and annual leave entitlements, after the date of transfer, will accrue as per the employee's temporary contract (with entitlements already accrued prior to the employee entering into the temporary contract/s unaffected). An employee's long service leave entitlement/accrual will be unaffected by any temporary contract and will be based on the employee's contracted work roster as at immediately prior to the employee entering into the temporary contract/s. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 10
6.2 Part-time employees
6.2.1 Part-time employees may have their contracted work roster spread over a four (4) week cycle,
in accordance with a regular pattern. Unless by mutual agreement between the Company
and an individual employee, the contracted work roster will provide for a minimum of two
consecutive days off work per week for part-time employees.
6.2.2 The daily minimum contracted work roster for a part-time employee will be four (4) hours and
the maximum daily contracted work roster will be 9.5 hours exclusive of unpaid breaks.
6.2.3 The weekly minimum contracted work roster for a part-time employee will be sixteen (16) hours
and the maximum weekly contracted work roster will be thirty four (34) hours per week. This may
be structured so that the employee has a maximum of five (5) starts per week
6.2.4 The following provisions will apply to changes to a part time employee's contracted work roster:
(a) The Company will not move any permanent part time employee into another shift
without the individual's agreement and such a move will be recorded as a temporary
contract;
(b) However, when making changes, the Company will be mindful of the part-time
employee's circumstances, including family responsibilities, individual travel
arrangements, financial hardship, secondary and tertiary study commitments and
religious observance and will endeavour to minimise impacts where possible:
(c) A change to a permanent part-time employee's contracted work roster may occur:
(i) Upon not less than 14 days' written notice, or
(ii) Earlier by agreement between the employee and the Company;
(d) Should a part-time employee disagree with any change to their contracted work
roster they will be provided with 14 days' written notice during which time there shall
be discussions aimed at resolving the matter. lin the first instance this will be addressed
in the TCCC and if not resolved then in accordance with the Dispute Resolution
Procedure to ensure that procedural fairness will occur.
6.2.5 A part time employee shall be entitled to payments in respect of all leave (annual leave, public
holidays, personal leave, compassionate leave and long service leave) arising under this
Agreement on a pro-rata basis calculated on the part-time employee's contracted work roster
and the "Flex Up Hours" the employee works. This calculation will also apply to any accrued
leave paid out in the case of redundancy. "Additional Hours" worked by part time employees
will not be taken into account to determine a part-time employee's leave entitlements.
6.2.6 Flex-up
(a) Flex up Hours
"Flex Up Hours" is defined at clause 4.8 of this Agreement.
A part time employee's working hours may be increased (flexed-up) above their
contracted work roster by request and where hours are available to a maximum of
thirty eight (38) hours per week. Such "Flex up Hours" will be paid at the employee's
Base Hourly Rate of Pay plus any applicable shift loading or the "Midnight Shift rate as
defined in Clause 7.2
Part time employees are eligible to book any "Flex up Hours" available in the booking
system across Day, Afternoon and Midnight Shift (refer Clause 7.2).
"Flex up Hours" will attract the appropriate shift loading for the entire shift worked. For
example, should a part time employee commence a "Flex up Hours" shift at 4 pm and
finish after 8 pm, all hours worked from 4 pm will attract the afternoon shift loading
(b) Cancellation of Flex up Hours
The Company may be required to cancel a part time employee's "Flex Up Hours"
under exceptional circumstances. Examples of exceptional circumstances include:
• Issues with supply that are outside the Company's control, including as a result of
industrial action taken by a supplier's employees;
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I ll
6.2 Part-time employees 6.2.1 Part-time employees may have their contracted work roster spread over a four (4) week cycle, in accordance with a regular pattern. Unless by mutual agreement between the Company and an individual employee, the contracted work roster will provide for a minimum of two consecutive days off work per week for part-time employees. 6.2.2 The daily minimum contracted work roster for a part-time employee will be four (4) hours and the maximum daily contracted work roster will be 9.5 hours exclusive of unpaid breaks. 6.2.3 The weekly minimum contracted work roster for a part-time employee will be sixteen (16) hours and the maximum weekly contracted work roster will be thirty four (34) hours per week. This may be structured so that the employee has a maximum of five (5) starts per week 6.2.4 The following provisions will apply to changes to a part time employee's contracted work roster: a) The Company will not move any permanent part time employee into another shift without the individual's agreement and such a move will be recorded as a temporary contract (b) However, when making changes, the Company will be mindful of the part-time employee's circumstances, including family responsibilities, individual travel arrangements, financial hardship, secondary and tertiary study commitments and religious observance and will endeavour to minimise impacts where possible: (c) A change to a permanent part-time employee's contracted work roster may occur: (i) Upon not less than 14 days' written notice, or (ii) Earlier by agreement between the employee and the Company; (d) Should a part-time employee disagree with any change to their contracted work roster they will be provided with 14 days' written notice during which time there shall be discussions aimed at resolving the matter. lin the first instance this will be addressed in the TCCC and if not resolved then in accordance with the Dispute Resolution Procedure to ensure that procedural fairness will occur. 6.2.5 A part time employee shall be entitled to payments in respect of all leave (annual leave, public holidays, personal leave, compassionate leave and long service leave) arising under this Agreement on a pro-rata basis calculated on the part-time employee's contracted work roster and the "Flex Up Hours" the employee works. This calculation will also apply to any accrued leave paid out in the case of redundancy. "Additional Hours" worked by part time employees will not be taken into account to determine a part-time employee's leave entitlements. 6.2.6 Flex-up (a) Flex up Hours "Flex Up Hours" is defined at clause 4.8 of this Agreement. A part time employee's working hours may be increased (flexed-up) above their contracted work roster by request and where hours are available to a maximum of thirty eight (38) hours per week. Such "Flex up Hours" will be paid at the employee's Base Hourly Rate of Pay plus any applicable shift loading or the "Midnight Shift rate as defined in Clause 7.2 Part time employees are eligible to book any "Flex up Hours" available in the booking system across Day, Afternoon and Midnight Shift (refer Clause 7.2). "Flex up Hours" will attract the appropriate shift loading for the entire shift worked. For example, should a part time employee commence a "Flex up Hours" shift at 4 pm and finish after 8 pm, all hours worked from 4 pm will attract the afternoon shift loading (b) Cancellation of Flex up Hours The Company may be required to cancel a part time employee's ""Flex Up Hours" under exceptional circumstances. Examples of exceptional circumstances include: . Issues with supply that are outside the Company's control, including as a result of industrial action taken by a supplier's employees; Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 11
" Major power outage;
• Natural disasters, including significant floods and/or significant damage to site.
Prior to the cancellation of "Flex up Hours", all "Additional Hours" and casual hours must
be cancelled as per clause 7.4 of this Agreement.
Part time employees who have had their "Flex up Hours" cancelled in accordance with
the terms of this Agreement, will be given the first opportunity to access more hours
when they become available.
6.2.7 Additional Hours
(a) "Additional Hours" is defined at clause 4.9 of this Agreement.
(b) Where the work is available, and after a part time employee has flexed up to thirty
eight (38) hours per week, they can request and work an additional maximum of 4.5
hours per week ("Additional Hours").
(c) "Additional Hours":
(i) Will be paid at the employee's Base Hourly Rate of Pay for the level of the
function being performed plus a loading of twenty five per cent (25%) per hour.
The loading is being paid to an employee in lieu of any other entitlements
otherwise associated with working the "Additional Hours". Applicable shift
loading will also apply to "Additional Hours" as per clause 6.2.8(d) and 6.2.8(e);
(ii) Can be worked Monday to Friday on the same shift (i.e. day/afternoon) as the
part time employee's contracted shift unless the "Additional Hours" are
"Weekend Additional Hours" or "Midnight Shift" hours (refer Clause 7.2). However,
this clause will be reviewed and may change depending on the agreed
outcomes from the TCCC;
(iii) Can be worked during a weekend ("Weekend Additional Hours") on either day or
afternoon shift;
(iv) Will not be counted, nor treated, as overtime hours for the purposes of this
Agreement.
(d) "Additional Hours" for part time employees will only attract the afternoon shift loading
on "Additional Hours" worked within that afternoon shift. For example, should a part
time employee work "Additional Hours" that go across day shift and afternoon shift, the
employee will only receive the shift penalty for the "Additional Hours" worked after 8pm.
"Additional Hours" worked prior to 8pm will not attract the afternoon shift loading.
(e) "Additional Hours" for part time employees working the Midnight Shift will attract the
applicable loading as prescribed in Clause 7.2.
6.2.8 Part time employees can work a maximum of six (6) consecutive days including any "Additional
Hours".
6.2.9 In consideration of the announced site closure, the Company will give any permanent part
time employee who has worked a regular and systematic pattern of 36 or more hours per week
for 75% of the 10 months directly preceding the date of approval of this Agreement. The
opportunity to convert to full-time employment. This opportunity will be offered to each eligible
employee on an individual basis, and full-time employment will be based on the shifts that the
employee is regularly working Flex up or Additional hours on or as otherwise mutually agreed
between the Company and the individual.
All current part time employees (as of 21 November 2017) who remain part-time employees will
be permitted to increase their contracted work roster up to 26 hours per week.
6.3 Casual employees
6.3.1 A casual employee may work a maximum of forty (40) hours per week, with a minimum daily
engagement of 4 hours (or pay in lieu) and a maximum daily engagement of 9.5 hours
exclusive of unpaid breaks.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 12
Major power outage; · Natural disasters, including significant floods and/or significant damage to site. Prior to the cancellation of "Flex up Hours", all "Additional Hours" and casual hours must be cancelled as per clause 7.4 of this Agreement. Part time employees who have had their "Flex up Hours" cancelled in accordance with the terms of this Agreement, will be given the first opportunity to access more hours when they become available. 6.2.7 Additional Hours (a) "Additional Hours" is defined at clause 4.9 of this Agreement. (b) Where the work is available, and after a part time employee has flexed up to thirty eight (38) hours per week, they can request and work an additional maximum of 4.5 hours per week ("Additional Hours"). (c) "Additional Hours": (i) Will be paid at the employee's Base Hourly Rate of Pay for the level of the function being performed plus a loading of twenty five per cent (25%) per hour. The loading is being paid to an employee in lieu of any other entitlements otherwise associated with working the "Additional Hours". Applicable shift loading will also apply to "Additional Hours" as per clause 6.2.8(d) and 6.2.8(e); (ii) Can be worked Monday to Friday on the same shift (i.e. day/afternoon) as the part time employee's contracted shift unless the "Additional Hours" are "Weekend Additional Hours" or "Midnight Shift" hours (refer Clause 7.2). However, this clause will be reviewed and may change depending on the agreed (iii) outcomes from the TCCC; Can be worked during a weekend ("Weekend Additional Hours") on either day or (iv) afternoon shift; Will not be counted, nor treated, as overtime hours for the purposes of this (d) "Additional Hours" for part time employees will only attract the afternoon shift loading Agreement. on "Additional Hours" worked within that afternoon shift. For example, should a part time employee work "Additional Hours" that go across day shift and afternoon shift, the employee will only receive the shift penalty for the "Additional Hours" worked after 8pm. "Additional Hours" worked prior to 8pm will not attract the afternoon shift loading. (e) "Additional Hours" for part time employees working the Midnight Shift will attract the applicable loading as prescribed in Clause 7.2. 6.2.8 Part time employees can work a maximum of six (6) consecutive days including any "Additional Hours". 6.2.9 In consideration of the announced site closure, the Company will give any permanent part- time employee who has worked a regular and systematic pattern of 36 or more hours per week for 75% of the 10 months directly preceding the date of approval of this Agreement. The opportunity to convert to full-time employment. This opportunity will be offered to each eligible employee on an individual basis, and full-time employment will be based on the shifts that the employee is regularly working Flex up or Additional hours on or as otherwise mutually agreed between the Company and the individual. All current part time employees (as of 21 November 2017) who remain part-time employees will be permitted to increase their contracted work roster up to 26 hours per week. 6.3 Casual employees 6.3.1 A casual employee may work a maximum of forty (40) hours per week, with a minimum daily engagement of 4 hours (or pay in lieu) and a maximum daily engagement of 9.5 hours exclusive of unpaid breaks. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 12
6.3.2 A casual employee will receive a casual loading of 25% per hour worked (unless otherwise
specified), in addition to the appropriate Base Hourly Rate of Pay and any applicable shift
loading applying at the time the employee is working. A casual employee's rate of pay will be
based on the level of work that the casual employee is performing. For the purpose of
determining the appropriate pay level, a casual employee's engagements are to be added
together and counted as one period of service.
6.3.3 In addition to their casual loading, casual employees, whether directly engaged by the
Company or not, will be employed on the same terms and conditions as apply to other
employees who are covered by this Agreement, unless otherwise specified in this Agreement.
Casual employees will not be entitled to the following provisions: annual leave, annual leave
loading, public holidays or public holiday payments (unless they work on a public holiday),
personal leave, paid parental leave and redundancy. Casuals are entitled to unpaid jury
service leave, unpaid carer's leave, unpaid parental leave and unpaid compassionate leave
in accordance with the NES upon appropriate documentation being provided.
6.3.4 Agency casuals, who have been working for more than 2 years at the MRDC (as at 21
November 2017) will be offered direct casual employment by the Company by no later than
3.1 January 2018. The Company and the Union agree that any offers made are a 'one off' and
reflect the unique circumstances associated with the MRDC TtC.
6.3.5 Shiff work
Casual employees working on a shift that attracts a shift loading, will be paid the applicable
shift loading in addition to the casual loading (ie. straight addition of loadings) for the entire
shift. However, the afternoon shift loading will only apply to hours that are worked after Bpm
and prior to 12.30am.
Note: The intent of the afternoon loading to apply to the hours of Bpm to 12.30 am inclusive (as
per clause 8.3) is to provide casual employees with the opportunity to access extended shifts
through the booking system referred to at clause 7 of this Agreement.
6.3.6 Use of casuals
(a) The Company intends to maximise the use of weekly employment, consistent with
operational requirements. Casual employment will not be used to displace full-time or part
time employment;
(b) The Company agrees that work that is performed by persons who are not directly
employed by the Company and that would otherwise be covered by this Agreement, will
only be accepted by the Company if those persons who perform the work receive the
same rates of pay and conditions as employees covered by this Agreement;
(c) In relation to disciplinary matters, in the first instance it will be the responsibility of the
relevant labour hire company to act in accordance with the disciplinary
process outlined in this agreement. If the company is considering making a request to the
labour hire company that the particular employee be removed from site or if the labour
hire company is considering the termination of that employee's employment the company
will meet with NUW representatives to discuss the matter prior to any decision being made.
(d) The Company intends to employ all casual employees directly where possible. Recruitment
for permanent positions will occur from the existing WOW casual pool and any further
vacancies in the first instance to be sourced from the Agency employees currently
engaged on the site.
(e) Agency casuals will only be engaged after Company casuals have booked hours in
accordance with clause 7 of this Agreement.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 13
6.3.2 A casual employee will receive a casual loading of 25% per hour worked (unless otherwise specified), in addition to the appropriate Base Hourly Rate of Pay and any applicable shift loading applying at the time the employee is working. A casual employee's rate of pay will be based on the level of work that the casual employee is performing. For the purpose of determining the appropriate pay level, a casual employee's engagements are to be added together and counted as one period of service. 6.3.3 In addition to their casual loading, casual employees, whether directly engaged by the Company or not, will be employed on the same terms and conditions as apply to other employees who are covered by this Agreement, unless otherwise specified in this Agreement. Casual employees will not be entitled to the following provisions: annual leave, annual leave loading, public holidays or public holiday payments (unless they work on a public holiday), personal leave, paid parental leave and redundancy. Casuals are entitled to unpaid jury service leave, unpaid carer's leave, unpaid parental leave and unpaid compassionate leave in accordance with the NES upon appropriate documentation being provided. 6.3.4 Agency casuals, who have been working for more than 2 years at the MRDC (as at 21 November 2017) will be offered direct casual employment by the Company by no later than 31 January 2018. The Company and the Union agree that any offers made are a 'one off' and reflect the unique circumstances associated with the MRDC TIC. 6.3.5 Shift work Casual employees working on a shift that attracts a shift loading, will be paid the applicable shift loading in addition to the casual loading (ie. straight addition of loadings) for the entire shift. However, the afternoon shift loading will only apply to hours that are worked after 8pm and prior to 12.30am. Note: The intent of the afternoon loading to apply to the hours of 8pm to 12.30 am inclusive (as per clause 8.3) is to provide casual employees with the opportunity to access extended shifts through the booking system referred to at clause 7 of this Agreement. 6.3.6 Use of casuals (a) The Company intends to maximise the use of weekly employment, consistent with operational requirements. Casual employment will not be used to displace full-time or part- time employment; (b) The Company agrees that work that is performed by persons who are not directly employed by the Company and that would otherwise be covered by this Agreement, will only be accepted by the Company if those persons who perform the work receive the (c) same rates of pay and conditions as employees covered by this Agreement; In relation to disciplinary matters, in the first instance it will be the responsibility of the relevant labour hire company to act in accordance with the disciplinary process outlined in this agreement. If the company is considering making a request to the labour hire company that the particular employee be removed from site or if the labour hire company is considering the termination of that employee's employment the company will meet with NUW representatives to discuss the matter prior to any decision being made. (d) The Company intends to employ all casual employees directly where possible. Recruitment for permanent positions will occur from the existing WOW casual pool and any further vacancies in the first instance to be sourced from the Agency employees currently engaged on the site. (e) Agency casuals will only be engaged after Company casuals have booked hours in accordance with clause 7 of this Agreement. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 13
7. BOOKING OF HOURS (FLEX UP, ADDITIONAL AND CASUAL HOURS) FOR
COMPANY EMPLOYEES
At all times the company will facilitate the requests of the employees based on the guidelines
principles and business needs set herein without compromising the goal of offering full length
shifts (le 9.5hrs).
(a) The Company will make available all forecasted hours of work and volumes on the
preceding Monday and hours for the Casuals on the Wednesday (see appendix C&D).
The goal of the booking system is to offer more full length shifts, provide opportunity for
employees to maximise both daily and weekly hours while minimising overlapping and
shorter shifts. The booking system will be reviewed at the TCCC and may chqnge in line
with any decisions agreed.
(b) The Company will commit to ensuring:
(i) That all forecasted hours of work and volumes are advertised on the
preceding Monday through the, "WOW People Portal" website and posted
on the site notice board
(ii) all possible forecasted "Flex Up Hours, "Additional Hours "and Midnight shift
hours are offered as full length shifts where requested and available to full
time and part time employees on Tuesday- ie between 6 am to Spm
(dayshift), 3pm to 12.30 am (afternoon shift) and 12:00 to 6:00am (Midnight
shift refer to Clause 7.2)
(iii) Any employee who books a shift commencing at 3 pm or later, will have first
access to work past 8 pm on that shift if it becomes available and they have
indicated a preference to work.
Note: The Company can overlap shifts, only after all employees wishing to work hours or
extended shifts have been accommodated.
7.1 All "Flex Up, Hours", "Additional Hours", Midnight Shift hours and casual hours that are available
will need to be booked by eligible Company employees in the preceding week. The booking
system will be as follows:
All full-time and part-time employees that choose to access additional hours, flex-up hours or
midnight shift hours will be required to fill in a "Schedule of availability form" (see appendix
B) .These forms must be submitted before 6am on the Tuesday of the preceding week either to
the Labour Planning Team on site, via the drop in box or through E-rnail to MRDC
labourteam@woolworths.com.au. (A call in option will still be available in certain circumstances
as a default position)
An employee will only be required to fill in a new "Schedule of availability form" if they choose
to make amendments to hours or shifts requested. Otherwise the labour planning team will work
off the last received form.
Casual employees will have access to book all shifts via a "casual booking process" (currently
Cascom, this process is subject to review refer to TCCC)from the Wednesday of the preceding
week. With the option to extend any selected shift(s) via a notice board system outside the shift
office.
(i) Company casual employees can book hours up to a maximum of forty (40)
hours.
(ii) Part time employees to book "Flex Up Hours", "Additional Hours" and "Midnight
Shift Hours". The maximum weekly hours a part time employee can book inclusive
of their contracted work roster, "Flex Up Hours", "Additional Hours" and Midnight
Shift Hours", will be forty two and a half (42.5) hours.
(iii) Full time employees to book "Additional Hours' and "Midnight Shift
Hours". The maximum weekly hours a full time employee can book
inclusive of their contracted work roster, "Additional Hours" and
"Midnight Shift Hours" will be forty eight and a half (48.5) hours.
(a) Tuesday (preceding week):
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 14
7. BOOKING OF HOURS (FLEX UP, ADDITIONAL AND CASUAL HOURS) FOR COMPANY EMPLOYEES At all times the company will facilitate the requests of the employees based on the guidelines principles and business needs set herein without compromising the goal of offering full length shifts (le 9.5hrs). (a) The Company will make available all forecasted hours of work and volumes on the preceding Monday and hours for the Casuals on the Wednesday (see appendix C&D). The goal of the booking system is to offer more full length shifts, provide opportunity for employees to maximise both daily and weekly hours while minimising overlapping and shorter shifts. The booking system will be reviewed at the TCCC and may change in line with any decisions agreed. (b) The Company will commit to ensuring: (i) That all forecasted hours of work and volumes are advertised on the preceding Monday through the, "WOW People Portal" website and posted (ii) on the site notice board all possible forecasted "Flex Up Hours, "Additional Hours "and Midnight shift hours are offered as full length shifts where requested and available to full time and part time employees on Tuesday - ie between 6 am to 8pm (dayshift), 3pm to 12.30 am (afternoon shift) and 12:00 to 6:00am (Midnight shift refer to Clause 7.2) (iii) Any employee who books a shift commencing at 3 pm or later, will have first access to work past 8 pm on that shift if it becomes available and they have indicated a preference to work. Note: The Company can overlap shifts, only after all employees wishing to work hours or extended shifts have been accommodated. 7.1 All "Flex Up, Hours", "Additional Hours", Midnight Shift hours and casual hours that are available will need to be booked by eligible Company employees in the preceding week. The booking system will be as follows: All full-time and part-time employees that choose to access additional hours, flex-up hours or midnight shift hours will be required to fill in a "Schedule of availability form" (see appendix B).These forms must be submitted before 6am on the Tuesday of the preceding week either to the Labour Planning Team on site, via the drop in box or through E-mail to MRDC labourteam@woolworths.com.au. (A call in option will still be available in certain circumstances as a default position) An employee will only be required to fill in a new "Schedule of availability form" if they choose to make amendments to hours or shifts requested. Otherwise the labour planning team will work off the last received form. Casual employees will have access to book all shifts via a "casual booking process" (currently Cascom, this process is subject to review refer to TCCC)from the Wednesday of the preceding week. With the option to extend any selected shift(s) via a notice board system outside the shift office. (i) Company casual employees can book hours up to a maximum of forty (40) hours. (ii) Part time employees to book "Flex Up Hours", "Additional Hours" and "Midnight Shift Hours". The maximum weekly hours a part time employee can book inclusive of their contracted work roster, "Flex Up Hours", "Additional Hours" and Midnight Shift Hours", will be forty two and a half (42.5) hours. (iii) Full time employees to book "Additional Hours' and "Midnight Shift Hours". The maximum weekly hours a full time employee can book inclusive of their contracted work roster, "Additional Hours" and "Midnight Shift Hours" will be forty eight and a half (48.5) hours. (a) Tuesday (preceding week): Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page [ 14
(i) Based on the "schedule of availability forms" submitted by permanent full-time
and part-time employees. Shifts will be offered on the Tuesday, either in part or
whole to meet the needs of the individual requests. The company will confirm
shifts via SMS.
(ii) At any stage up to and including the day of operation where additional work
later becomes available this will be allocated to permanent employees in line
with outstanding requests from the "Schedule of availability forms" prior to
engaging casuals. Any work offered in these circumstances will be paid as
normal flex-up or additional hours. (This does not include work between 12:00am
and 6am, which must be offered as overtime. Refer to 7.3.)
(iii) Any hours that do not form part of a permanent employee's contracted work
roster and have not been requested on the Tuesday in the preceding week will
be treated as overtime.
(b) Wednesday (preceding week):
(i) This booking facility will be available for directly engaged Casuals up to and
including the day of operation. This is to enable Company casuals to maximise
their hours, prior to engaging any external labour. This may include the
opportunity to book hours cancelled by permanent employees, extending shifts
and extra work that becomes available on the day of operation.
Procedure to occur;
• Extending shifts for Casuals presently onsite
• Offering shifts for a reasonable amount of time(minimum 1 hour or longer
where required)
(ii) Agency Casuals will only be used to cover gaps in the work, where there are
insufficient directly engaged employees that can be sourced to cover the work.
'·
7.2 Midnight shift (12:00 am to 6 am)
(a) The midnight shift refers to work between 12om and 6am that is performed:
• The morning after each Sunday (ie. Monday),or
• In a week in which a public holiday falls on a Monday, on the next day which is not
a public holiday, or
• In a week when Melbourne Cup Day falls or where Australia Day or Anzac day fall
on Tuesday to Thursday, the work is performed on the day following the public
holiday.
And the following provisions will apply refer 7.2(b). At all other times work within this
span will be overtime and work will be allocated following the preference hierarchy
(refer Clause 7.3)
(b) Work advertised on the preceding Monday
am
• All Midnight Shifts must be advertised on the preceding Monday through the
"WOW People Portal" website and site notice boards.
• Any work within this span may be booked as a standalone shift or as an extension
to an already existing shift to a maximum of 13 worked hours e.g. a shift finishes at
I 2:30am the company cannot bring in someone at 12om, but must allow the
I 2:30am finisher the opportunity to book these hours or the company wishes to start
a shift at 4am, a 6am dayshift employee must be given access to this work in the
first instance. (No overlapping shifts or displacement.)
• All work in this spread of hours to be offered as per clause 7.1
Loadings to apply for permanent employees that work between 12:00 am and 6
• Monday to Friday 185%
To be paid as Ordinary Time Earnings (refer Clause 18.1) calculated on the
employee's base rate of pay for his/her classification.
7.3 Overtime (12:30am -06:00am)
• All work within this span will be Overtime excluding shifts referred to in Clause 7.2(a) that
are advertised on the preceding Monday
• Will be paid at current site overtime rates.
• First option to people working hours that move into or attach to this span of hours.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 15
{i) Based on the "schedule of availability forms" submitted by permanent full-time and part-time employees. Shifts will be offered on the Tuesday, either in part or whole to meet the needs of the individual requests. The company will confirm shifts via SMS. (ii) At any stage up to and including the day of operation where additional work later becomes available this will be allocated to permanent employees in line with outstanding requests from the "Schedule of availability forms" prior to engaging casuals. Any work offered in these circumstances will be paid as normal flex-up or additional hours. (This does not include work between 12:00am and 6am, which must be offered as overtime. Refer to 7.3.) (iii) Any hours that do not form part of a permanent employee's contracted work roster and have not been requested on the Tuesday in the preceding week will be treated as overtime. (b) Wednesday (preceding week): (i) This booking facility will be available for directly engaged Casuals up to and including the day of operation. This is to enable Company casuals to maximise their hours, prior to engaging any external labour. This may include the opportunity to book hours cancelled by permanent employees, extending shifts and extra work that becomes available on the day of operation. Procedure to occur; Extending shifts for Casuals presently onsite . Offering shifts for a reasonable amount of time (minimum 1 hour or longer where required) (ii) Agency Casuals will only be used to cover gaps in the work, where there are insufficient directly engaged employees that can be sourced to cover the work. 7.2 Midnight shift (12:00 am to 6 am) (a) The midnight shift refers to work between 12am and 6am that is performed: . The morning after each Sunday (ie. Monday),or . In a week in which a public holiday falls on a Monday, on the next day which is not a public holiday, or In a week when Melbourne Cup Day falls or where Australia Day or Anzac day fall on Tuesday to Thursday, the work is performed on the day following the public holiday. And the following provisions will apply refer 7.2(b). At all other times work within this span will be overtime and work will be allocated following the preference hierarchy [refer Clause 7.3) (b) Work advertised on the preceding Monday . All Midnight Shifts must be advertised on the preceding Monday through the "WOW People Portal" website and site notice boards. . Any work within this span may be booked as a standalone shift or as an extension to an already existing shift to a maximum of 13 worked hours e.g. a shift finishes at 12:30am the company cannot bring in someone at 12am, but must allow the 12:30am finisher the opportunity to book these hours or the company wishes to start a shift at 4am, a 6am dayshift employee must be given access to this work in the first instance. (No overlapping shifts or displacement.) All work in this spread of hours to be offered as per clause 7.1 Loadings to apply for permanent employees that work between 12:00 am and 6 am · Monday to Friday 185% To be paid as Ordinary Time Earnings (refer Clause 18.1) calculated on the employee's base rate of pay for his/her classification. 7.3 Overtime (12:30am -06:00am) . All work within this span will be Overtime excluding shifts referred to in Clause 7.2(a) that are advertised on the preceding Monday . Will be paid at current site overtime rates. . First option to people working hours that move into or attach to this span of hours. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 15
" Preference hierarchy to apply.
Note: The intention in making these arrangements is that employees and the business will
benefit by the above booking system. It is also to ensure all hours of work are made available
to direct employees prior to indirect labour in the first instance. It is also to provide Woolworths
permanent employees with the ability to book "Additional Hours", "Flex Up" and "Midnight Shift
Hours" whilst providing the Company with experienced and flexible staffing solutions.
7. 4 Insufficient work cancellation procedure
(a) Insufficient work prior to commencement of shift
If the Company has insufficient hours for an employee to work, and the employee's shift
has not commenced, the Company will cancel the employee's hours on the basis of
the following hierarchy and skill mix required:
1. Indirect casual, provided an hour's notice is given;
2. Company casual, provided an hour's notice is given;
3. Part time employee who has booked "Additional Hours", provided an hour's notice
in the case of a day shift and two hours notice in the case of an afternoon shift is
given;
4. Full time employee who has booked "Additional Hours" provided an hour's notice
in the case of a day shift and two hours notice in the case of an afternoon shift is
given.
(b) Insufficient work after commencement of shift
If there are insufficient hours and an employee is required to be sent home after
commencing a shift, the following cancellation procedure will apply on the basis of the
following hierarchy and skill mix required:
1. Indirect casuals (once minimum engagement has been completed);
2. Company casuals (once minimum engagement has been completed);
3. A part time employee who is working "Additional Hours" provided two hours
notice; is given. (once minimum engagement has been completed);
4. A full time employee who is working "Additional Hours" provided two hours notice
is given. (once minimum engagement has been completed);
7.5 A six monthly review with the Company and the union representatives will occur to discuss and
resolve issues arising from the implementation of the Booking system. This will include reviewing
hours and compliance with the booking system detailed above.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 16
Preference hierarchy to apply. Note: The intention in making these arrangements is that employees and the business will benefit by the above booking system. It is also to ensure all hours of work are made available to direct employees prior to indirect labour in the first instance. It is also to provide Woolworths permanent employees with the ability to book "Additional Hours", "Flex Up" and "Midnight Shift Hours" whilst providing the Company with experienced and flexible staffing solutions. 7.4 Insufficient work cancellation procedure (a) Insufficient work prior to commencement of shift If the Company has insufficient hours for an employee to work, and the employee's shift has not commenced, the Company will cancel the employee's hours on the basis of the following hierarchy and skill mix required: 1. Indirect casual, provided an hour's notice is given; 2. 3. Company casual, provided an hour's notice is given; Part time employee who has booked "Additional Hours", provided an hour's notice in the case of a day shift and two hours notice in the case of an afternoon shift is given; 4. Full time employee who has booked "Additional Hours" provided an hour's notice in the case of a day shift and two hours notice in the case of an afternoon shift is given. (b) Insufficient work after commencement of shift If there are insufficient hours and an employee is required to be sent home after commencing a shift, the following cancellation procedure will apply on the basis of the following hierarchy and skill mix required: 1. Indirect casuals (once minimum engagement has been completed); 2. 3. Company casuals (once minimum engagement has been completed); A part time employee who is working "Additional Hours" provided two hours notice; is given. (once minimum engagement has been completed); 4. A full time employee who is working "Additional Hours" provided two hours notice is given. (once minimum engagement has been completed); 7.5 A six monthly review with the Company and the union representatives will occur to discuss and resolve issues arising from the implementation of the Booking system. This will include reviewing hours and compliance with the booking system detailed above. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 16
8. HOURS Of WORK
Day Shift
8.1 The spread of day shift hours shall be 6.00 am to 8.00 pm, Monday to Sunday, all days inclusive.
8.2 The payment for hours worked during day shift (Monday-Friday) is the Base Hourly Rate of Pay
exclusive of any shift loadings - ie 100%.
(a) The minimum hourly rate to be paid for a day worker for hours worked on Saturday shall
be the Base Hourly Rate of Pay plus an additional 50%;
(b) The minimum hourly rate to be paid for a day worker for hours worked on Sunday shall
be the Base Hourly Rate of Pay plus an additional 70%.
8.3 Afternoon shift
Afternoon shift for full time and part time employees is a shift finishing after 8.00 pm and at or
before 12.30am. Afternoon shift loadings apply to all hours worked and are as follows (and are
expressed to include 1 00% Base Hourly Rate of Pay):
(a) Hours worked Monday to Friday
(b) Hours worked Saturday
(c) Hours worked Sunday
130%
180%
200%
The last thirty (30) minutes of afternoon shift that finishes into a Saturday or Sunday will also
attract the appropriate weekend loading.
The last thirty (30) minutes of afternoon shift that finishes into a Monday, will only attract the
appropriate weekday shift loading of 30%. The loading will be added, not compounded.
For casual employees, the afternoon shift loading will only be paid on hours they work after
8.00pm and at or before 12.30am. Any hour worked by a casual employee prior to 8.00 pm will
not attract the afternoon shift loading.
As detailed in clause 6.2.7 & 6.1 .5 of this Agreement, "Additional Hours" for full time and part
time employees will only attract the afternoon shift loading for hours they work after 8.00pm
and at or before 12.30am. "Additional Hours" worked before 8.00 pm will not attract the
afternoon shift loading.
8.4 Night shift
Night shift for employees is a shift finishing after 12.30 am and at or before 8.00am or where a
majority of the hours worked are during that span. Night shift loadings apply to all hours worked
and are as follows (and are expressed to include 100% Base Hourly Rate of Pay):
(a)
(b)
(c)
Hours worked Monday to Friday
Hours worked Saturday
Hours worked Sundays
135%
185%
205%
Note The "hours" referred to in this clause do not include overtime or Midnight Shift (refer Clause
7.2 & 7.3) hours.
9. OVERTIME
9.1 Full-time and Part time employees - Day Shift
(i) Subject to clause 9.1 (ii), a full-time or part time employee who the Company requires to
work hours in addition to their contracted work roster, requested "Flex Up Hours",
"Additional Hours ... and "Midnight Shift Hours ... , will be paid overtime at the rate of 150%
for the first two (2) hours and 200% thereafter, at the Base Hourly Rate of Pay exclusive
of any other loadings;
(ii) Full-time and part time employees whose contracted work roster includes a Saturday
and/or Sunday shall be paid 200% for all overtime hours worked on a Saturday and/or
Sunday.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 17
8. HOURS OF WORK Day Shift 8.1 The spread of day shift hours shall be 6.00 am to 8.00 pm, Monday to Sunday, all days inclusive. 8.2 The payment for hours worked during day shift (Monday-Friday) is the Base Hourly Rate of Pay exclusive of any shift loadings - ie 100%. (a) The minimum hourly rate to be paid for a day worker for hours worked on Saturday shall be the Base Hourly Rate of Pay plus an additional 50%; (b) The minimum hourly rate to be paid for a day worker for hours worked on Sunday shall be the Base Hourly Rate of Pay plus an additional 70%. 8.3 Afternoon shift Afternoon shift for full time and part time employees is a shift finishing after 8.00 pm and at or before 12.30am. Afternoon shift loadings apply to all hours worked and are as follows (and are expressed to include 100% Base Hourly Rate of Pay): (a) Hours worked Monday to Friday 130% (b) Hours worked Saturday 180% (c) Hours worked Sunday 200% The last thirty (30) minutes of afternoon shift that finishes into a Saturday or Sunday will also attract the appropriate weekend loading. The last thirty (30) minutes of afternoon shift that finishes into a Monday, will only attract the appropriate weekday shift loading of 30%. The loading will be added, not compounded. For casual employees, the afternoon shift loading will only be paid on hours they work after 8.00pm and at or before 12.30am. Any hour worked by a casual employee prior to 8.00 pm will not attract the afternoon shift loading. As detailed in clause 6.2.7 & 6.1.5 of this Agreement, "Additional Hours" for full time and part time employees will only attract the afternoon shift loading for hours they work after 8.00pm and at or before 12.30am. "Additional Hours" worked before 8.00 pm will not attract the afternoon shift loading 8.4 Night shift Night shift for employees is a shift finishing after 12.30 am and at or before 8.00am or where a majority of the hours worked are during that span. Night shift loadings apply to all hours worked and are as follows (and are expressed to include 100% Base Hourly Rate of Pay): (a) Hours worked Monday to Friday 135% (b) Hours worked Saturday 185% (c) Hours worked Sundays 205% 7.2 & 7.3) hours. Note The "hours" referred to in this clause do not include overtime or Midnight Shift (refer Clause 9. OVERTIME 9.1 Full-time and Part time employees - Day Shift (i) Subject to clause 9.1 (ii), a full-time or part time employee who the Company requires to work hours in addition to their contracted work roster, requested "Flex Up Hours", "Additional Hours" and "Midnight Shift Hours", will be paid overtime at the rate of 150% for the first two (2) hours and 200% thereafter, at the Base Hourly Rate of Pay exclusive of any other loadings; (ii) Full-time and part time employees whose contracted work roster includes a Saturday and/or Sunday shall be paid 200% for all overtime hours worked on a Saturday and/or Sunday. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 17
9.2 Full Time and Part time employees- Afternoon Shift and Night shift
Shift work employees who work overtime will have the overtime loading added to their shift
loading, this means:
Afternoon shift
(i) Subject to clause 9.2(ii) a full time or part time afternoon shift employee who the
Company requires to work hours in addition to their contracted work roster, requested
"Flex Up Hours", "Additional Hours" and "Midnight Shift Hours", will be paid overtime at
the rate of 180% for the first two (2) hours and 230% thereafter, at the Base Hourly Rate
of Pay exclusive of any other loading;
(ii) Full time and part time afternoon shift employees whose contracted work roster
includes a Saturday and/or Sunday will be paid 230% for all overtime hours worked on a
Saturday or Sunday.
Night shift
(iii) Subject to clause 9.2(iv) a full time or part time night shift employee who the Company
requires to work hours in addition to their contracted work roster, requested "Flex Up
Hours", "Additional Hours" and "Midnight Shift Hours" will be paid the overtime rate of
185% for the first two (2) hours and 235% thereafter, at the Base Hourly Rate of Pay
exclusive of any other loadings.
(iv) Full time and part time night shift employees whose contracted work roster includes a
Saturday and/or Sunday will be paid 235% for all overtime hours worked on a Saturday
or Sunday.
9.3 Casual employees
Casual employees will be entitled to overtime when working in excess of the daily maximum
hours of (9.5) exclusive of unpaid breaks or in excess of the weekly maximum hours (40).
Casual employees will receive the appropriate overtime rate for the shift the casual is working,
calculated as at the commencement of overtime as stated in clause 9.1 and 9.2. Casual
employees will not be entitled to the casual loading.
9.4 Reasonable overtime
The Company may require an employee to work reasonable overtime at overtime rates, to
meet the needs of the business. The minimum overtime payment for overtime not attached to
an employee's contracted hours is four (4) hours.
9.5 Overtime preference
If the Company requires overtime to be performed, the preference for distribution of overtime
will be based on the Preference Hierarchy and job function required.
Any work commencing prior to 6am or work after 12.30 am will be treated as
overtime( excluding Midnight Shift refer Clause 7.2) and work will be allocated based on the
Preference Hierarchy and the function required (refer to clause 7.3).
10. PAYMENT OF WAGES
1 0.1 Pay cycle
Wages and allowances will be paid weekly in arrears, by electronic funds transfer, into the
employees' nominated account. Employees who prior to the 1st September 2013, had their
wages and allowance paid into two nominated accounts will be able to retain this option as
they have currently nominated.
Wages will be paid on the Wednesday following the end of the weekly pay cycle, up to and
including Sunday provided that where a public holiday falls on the day prior to the normal pay
day, wages may be paid within four (4) days from the end of the pay period.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 18
9.2 Full Time and Part time employees - Afternoon Shift and Night shift Shift work employees who work overtime will have the overtime loading added to their shift loading, this means: Afternoon shift (i) Subject to clause 9.2(ii) a full time or part time afternoon shift employee who the Company requires to work hours in addition to their contracted work roster, requested "Flex Up Hours", "Additional Hours" and "Midnight Shift Hours", will be paid overtime at the rate of 180% for the first two (2) hours and 230% thereafter, at the Base Hourly Rate of Pay exclusive of any other loading; (ii) Full time and part time afternoon shift employees whose contracted work roster includes a Saturday and/or Sunday will be paid 230% for all overtime hours worked on a Saturday or Sunday. Night shift (iii) Subject to clause 9.2(iv) a full time or part time night shift employee who the Company requires to work hours in addition to their contracted work roster, requested "Flex Up Hours", "Additional Hours" and "Midnight Shift Hours" will be paid the overtime rate of 185% for the first two (2) hours and 235% thereafter, at the Base Hourly Rate of Pay exclusive of any other loadings. (iv) Full time and part time night shift employees whose contracted work roster includes a Saturday and/or Sunday will be paid 235% for all overtime hours worked on a Saturday or Sunday. 9.3 Casual employees Casual employees will be entitled to overtime when working in excess of the daily maximum hours of (9.5) exclusive of unpaid breaks or in excess of the weekly maximum hours (40). Casual employees will receive the appropriate overtime rate for the shift the casual is working, calculated as at the commencement of overtime as stated in clause 9.1 and 9.2. Casual employees will not be entitled to the casual loading. 9.4 Reasonable overtime The Company may require an employee to work reasonable overtime at overtime rates, to meet the needs of the business. The minimum overtime payment for overtime not attached to an employee's contracted hours is four (4) hours. 9.5 Overtime preference If the Company requires overtime to be performed, the preference for distribution of overtime will be based on the Preference Hierarchy and job function required. Any work commencing prior to 6am or work after 12.30 am will be treated as overtime (excluding Midnight Shift refer Clause 7.2) and work will be allocated based on the Preference Hierarchy and the function required (refer to clause 7.3). 10 PAYMENT OF WAGES 10.1 Pay cycle Wages and allowances will be paid weekly in arrears, by electronic funds transfer, into the employees' nominated account. Employees who prior to the 1st September 2013, had their wages and allowance paid into two nominated accounts will be able to retain this option as they have currently nominated. Wages will be paid on the Wednesday following the end of the weekly pay cycle, up to and including Sunday provided that where a public holiday falls on the day prior to the normal pay day, wages may be paid within four (4) days from the end of the pay period. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 18
The Company shall not be responsible for any bank, financial institution or government charge,
associated with the payment of wages.
A full-tirne employees pay will be averaged each week, to ensure their base thirty eight (38)
hours will be paid each week. Part-time and casual employees will be paid according to the
hours they work each week.
1 0.2 Late payment of wages
The Company is obligated to pay wages on the above due dates, where an employee's
wages are paid late, the Company will meet any reasonable out-of-pocket expenses.
1 0.3 Income protection insurance and Ambulance cover
At an employee's election and as part of group cover, the Company will facilitate salary
sacrifice for Income Protection Insurance contributions for the employee to an agreed provider.
At an employee's election and as part of group cover, the Company will facilitate Ambulance
cover contributions for the employee to a single agreed provider.
1 0.4 Pay upon termination of employment
Upon termination of employment, wages will be calculated up until the time of termination and
paid into the employee's nominated account/s, in the normal pay cycle. A statement of
termination monies will be sent to the employee's home.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 19
The Company shall not be responsible for any bank, financial institution or government charge, associated with the payment of wages. A full-time employees pay will be averaged each week, to ensure their base thirty eight (38) hours will be paid each week. Part-time and casual employees will be paid according to the hours they work each week. 10.2 Late payment of wages The Company is obligated to pay wages on the above due dates, where an employee's wages are paid late, the Company will meet any reasonable out-of-pocket expenses. 10.3 Income protection insurance and Ambulance cover At an employee's election and as part of group cover, the Company will facilitate salary sacrifice for Income Protection Insurance contributions for the employee to an agreed provider. At an employee's election and as part of group cover, the Company will facilitate Ambulance cover contributions for the employee to a single agreed provider. 10.4 Pay upon termination of employment Upon termination of employment, wages will be calculated up until the time of termination and paid into the employee's nominated account/s, in the normal pay cycle. A statement of termination monies will be sent to the employee's home. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 19
11. ANNUAL LEAVE
All full time and port time employees ore entitled to annual leave in accordance with the FW
Act. The annual leave entitlement under this Agreement for a full time and port time employees
will be 4 weeks (152 hours) per year (or pro rata where applicable). Annual leave will be
accrued on on employee's contracted work roster. In the case of part-time employees, their
entitlement will be accrued based on their contracted work roster and Flex-Up hours.
11.1 Accrual of annual leave
The entitlement to annual leave will accrue in accordance with the FW Act. This means a full
time or port time employee's entitlement to paid annual leave will accrue on a progressive
monthly basis during a year of service according to the employee's hours of work, and the
unto ken leave will accumulate from year to year.
11.2 Taking of annual leave
(a) Full time Employees
(i) Annual leave (in either single or multiple days), shall be taken at a time(s) that is
agreed between the Company and the employee;
(ii) Employees, whose regular roster includes a weekend day or days and leave has
been accrued in accordance with 11.1, will be entitled to toke single weekend
days in ratio with the amount of weekend days worked. That is, where fifty two (52)
weeks of a roster is worked that includes a weekend day, the entitlement would
be four single weekend days (or eight single weekend days if both weekend days
ore worked);
(iii) Annual leave may be token in one continuous period;
(iv) Employee Leave Arrangements (Full time and port time employees):
MRDC recognises that in the lead up to closure employees' access and use of
leave will differ based on personal circumstances. The company will not
unreasonably refuse on employee's request to:
" defer the taking of annual leave or long service leave during the transition to
closure; and/or
" toke accrued annual leave, long service leave or leave without pay during
the transition to closure
(b) Part time Employees
(i) On a port time employee's anniversary, the employee will nominate whether they
wish to:
(a) toke accrued annual leave on the basis of the employee's work roster for
the relevant 12 month period (that is, any accrued leave will be token at the
employee's Bose Hourly Rote of Pay plus applicable shift loadings according
to the employee's contracted work roster), until the employee's next
anniversary dote or
(b) toke accrued annual leave on the basis of the overage of "Flex Up Hours"
and contracted work roster for the relevant 12 month period, up to a
maximum of 4 weeks' annual leave, until the employee's next anniversary
dote.
(ii) Nominations by port time employees must be mode in writing within a reasonable
time frame specified by the Company. If no nomination is mode, the default
position will be for employees to toke accrued annual leave on the basis of their
contracted work roster until their next anniversary;
(iii) Nominations will apply to the next anniversary after making the nomination and
cannot be changed during the year to which the nomination applies;
(iv) If on employee's overage of their "Flex Up Hours" and contracted work roster falls
below the employee's contracted work roster, the employee may only toke
accrued annual leave on the basis of the employee's contracted work roster;
(v) If on employee elects to toke accrued annual leave based on the overage of
their "Flex Up Hours" and contracted work roster, the leave accrued through "Flex
Up Hours" will be paid at the employee's Bose Hourly Rate of Pay plus shift loading,
if applicable. (ie afternoon shift and night shift employees will receive their
afternoon shift or night shift loading on the accrued "Flex Up Hours"). (Subject to
11.3.)
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 20
11. ANNUAL LEAVE All full time and part time employees are entitled to annual leave in accordance with the FW Act. The annual leave entitlement under this Agreement for a full time and part time employees will be 4 weeks (152 hours) per year (or pro rata where applicable). Annual leave will be accrued on an employee's contracted work roster. In the case of part-time employees, their entitlement will be accrued based on their contracted work roster and Flex-Up hours. 11.1 Accrual of annual leave The entitlement to annual leave will accrue in accordance with the FW Act. This means a full time or part time employee's entitlement to paid annual leave will accrue on a progressive monthly basis during a year of service according to the employee's hours of work, and the untaken leave will accumulate from year to year. 11.2 Taking of annual leave x) Full time Employees Annual leave (in either single or multiple days), shall be taken at a time (s) that is agreed between the Company and the employee; (ii) Employees, whose regular roster includes a weekend day or days and leave has been accrued in accordance with 11.1, will be entitled to take single weekend days in ratio with the amount of weekend days worked. That is, where fifty two (52) weeks of a roster is worked that includes a weekend day, the entitlement would be four single weekend days (or eight single weekend days if both weekend days are worked); (iii) ( iv ) Annual leave may be taken in one continuous period; Employee Leave Arrangements (Full time and part time employees): MRDC recognises that in the lead up to closure employees' access and use of leave will differ based on personal circumstances. The company will not unreasonably refuse an employee's request to: · defer the taking of annual leave or long service leave during the transition to closure; and/or take accrued annual leave, long service leave or leave without pay during the transition to closure (b) Part time Employees (i) On a part time employee's anniversary, the employee will nominate whether they wish to: (a) take accrued annual leave on the basis of the employee's work roster for the relevant 12 month period (that is, any accrued leave will be taken at the employee's Base Hourly Rate of Pay plus applicable shift loadings according to the employee's contracted work roster), until the employee's next (b) anniversary date or take accrued annual leave on the basis of the average of "Flex Up Hours" and contracted work roster for the relevant 12 month period, up to a maximum of 4 weeks' annual leave, until the employee's next anniversary date. (ii) Nominations by part time employees must be made in writing within a reasonable time frame specified by the Company. If no nomination is made, the default. position will be for employees to take accrued annual leave on the basis of their (iii) contracted work roster until their next anniversary; Nominations will apply to the next anniversary after making the nomination and (iv) cannot be changed during the year to which the nomination applies; If an employee's average of their "Flex Up Hours" and contracted work roster falls below the employee's contracted work roster, the employee may only take (v) accrued annual leave on the basis of the employee's contracted work roster; If an employee elects to take accrued annual leave based on the average of their "Flex Up Hours" and contracted work roster, the leave accrued through "Flex Up Hours" will be paid at the employee's Base Hourly Rate of Pay plus shift loading, if applicable. (ie afternoon shift and night shift employees will receive their afternoon shift or night shift loading on the accrued "Flex Up Hours"). (Subject to 11.3.) Melboume Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 20
11.3 Annual leave payment
11.3.1 Payment shall not be made by the Company or received by an employee in lieu of any annual
leave. The Company shall not knowingly engage an employee who is on paid annual leave.
11.3.2 An employee is to receive their annual leave payment (in relation to taking a period of annual
leave) in the normal weekly pay cycle, unless the employee makes a request to the Company
that their applicable annual leave payment (in relation to taking a period of annual leave) be
paid in one payment at the commencement of the employee's annual leave period.
11.3.3 Annual leave shall be paid at the employee's Base Hourly Rate of Pay. For those employees
whose contracted work roster includes shift/weekend work, they will also receive their
applicable shift loading at the time of taking the annual leave and First Aid allowance.
11.4 Annual leave and public holidays
Where any public holiday (for which the employee by virtue of their roster is entitled to
payment) falls during an employee's annual leave period, the employee may elect to extend
the period of annual leave or receive an additional day's pay in lieu of the public holiday.
11.5 Requests for unpaid leave of absence
Requests for unpaid leave of absences will be granted in line with general Company leave
policies.
11.6 Flexible Leave options
In line with the Company's current policies, employees are able to access the following flexible
leave provisions.
1. Employees may request to take Annual Leave at half pay
2. Employees, utilising salary sacrifice provisions, may request to purchase additional leave.
All requests must be submitted on the appropriate form and are subject to company approval
in-line with the relevant policy.
Relevant policies include annual leave; purchased additional leave and unpaid leave.
11.7 Annual leave loading
11.7.1
(a) Full-time and part-time employees will be entitled to receive an annual leave loading of
25%;
(b) Annual leave loading will apply to annual leave.
11.7.2 The annual leave loading of 25% is calculated on the Base Hourly Rate of Pay for that
employee's classification. As stated in clause 11.3.3, an employee engaged on shift work will
also receive his/her regular shift loadings in addition to the annual leave loading stated above
(ie. straight addition of shift loading and annual leave loading).
12. PERSONAL LEAVE
12.1
All employees, except casual employees, are entitled to personal leave in accordance with
the FW Act. For the purpose of this Agreement, personal leave for full time employees will
accrue as provided for in clause 12.1.
Subject to the FW Act, a full-time employee is entitled to receive personal leave on the
following basis:
Rate of accrual
First year of employment:
Second and subsequent years:
76 hours
80 hours (credited in advance, on the employee's
anniversary date)
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 21
11.3 Annual leave payment 11.3.1 Payment shall not be made by the Company or received by an employee in lieu of any annual leave. The Company shall not knowingly engage an employee who is on paid annual leave. 11.3.2 An employee is to receive their annual leave payment (in relation to taking a period of annual leave) in the normal weekly pay cycle, unless the employee makes a request to the Company that their applicable annual leave payment (in relation to taking a period of annual leave) be paid in one payment at the commencement of the employee's annual leave period. 11.3.3 Annual leave shall be paid at the employee's Base Hourly Rate of Pay. For those employees whose contracted work roster includes shift/weekend work, they will also receive their applicable shift loading at the time of taking the annual leave and First Aid allowance. 11.4 Annual leave and public holidays Where any public holiday (for which the employee by virtue of their roster is entitled to payment) falls during an employee's annual leave period, the employee may elect to extend the period of annual leave or receive an additional day's pay in lieu of the public holiday. 11.5 Requests for unpaid leave of absence Requests for unpaid leave of absences will be granted in line with general Company leave policies. 11.6 Flexible Leave options In line with the Company's current policies, employees are able to access the following flexible leave provisions 1. Employees may request to take Annual Leave at half pay 2. Employees, utilising salary sacrifice provisions, may request to purchase additional leave. All requests must be submitted on the appropriate form and are subject to company approval in-line with the relevant policy. Relevant policies include annual leave; purchased additional leave and unpaid leave. 11.7 Annual leave loading 11.7.1 (a) Full-time and part-time employees will be entitled to receive an annual leave loading of 25%; ) Annual leave loading will apply to annual leave. 11.7.2 The annual leave loading of 25% is calculated on the Base Hourly Rate of Pay for that employee's classification. As stated in clause 11.3.3, an employee engaged on shift work will also receive his/her regular shift loadings in addition to the annual leave loading stated above (ie. straight addition of shift loading and annual leave loading). 12. PERSONAL LEAVE All employees, except casual employees, are entitled to personal leave in accordance with the FW Act. For the purpose of this Agreement, personal leave for full time employees will accrue as provided for in clause 12.1. Subject to the FW Act, a full-time employee is entitled to receive personal leave on the following basis: 12.1 Rate of accrual First year of employment: 76 hours Second and subsequent years: 80 hours (credited in advance, on the employee's anniversary date) Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 21
Personal/eave is paid at the employee's Base Hourly Rate of Pay, plus any applicable shift
loading and is cumulative from year to year.
Personal/eave may be taken by the employee due to their own illness and/or the employee's
dependant spouse, child or parent and in accordance with the FW Act.
12.2 Qualification for personal leave
12.2.1 To notify the business that an eligible employee will require (paid or unpaid) personal/eave the
employee must:
(a) In the case of Day shift employees: it is expected that the employee will, at least one
hour prior (or sooner) to the commencement of their shift (either work roster, "Flex Up
Hours", "Additional Hours" or overtime hours); and
(b) In the case of Afternoon and Night shift employees: advise the Company, at least two
(2) hours prior (or sooner) to the commencement of their work (either work roster, "Flex
Up Hours", "Additional Hours" or overtime hours); and
(c) Inform the Company of his/her inability to attend for work, the reason for the absence
and the expected duration.
12.2.2 For an employee to qualify for the payment of personal/eave (for contracted or "Flex Up
Hours"), the employee is required to comply with the notification procedure at clause 12.2.1
and provide documentation as required by the Company for the personal/eave claimed:
(a) Where it exceeds four (4) single day absences in any anniversary year; or
(b) For multiple day absences; or
(c) For absences claimed next to RDOs, public holidays, or any other day either side of a
paid day absence request, eg: annual/eave, long service leave, etc; or
(d) For absences for "Flex Up Hours" (if it exceeds four (4) single day absences in any
anniversary year as stated at 12.2.2(a)); or
(e) On a public holiday that the employee is required to work (after the employee
volunteered to work on the public holiday).
12.2.3 Documentation means:
If it is reasonably practicable to do so- a medical certificate issued by a medical health
practitioner as defined by the FW Act; or
If it is not reasonably practicable to provide the Company with a medical certificate, a
statutory declaration can be provided by the employee.
Documentation must also be provided to the Company within twenty-four (24) to forty-eight
(48) hours after the return to work from such absence.
12.2.4 Unpaid leave
An employee may be permitted to take unpaid leave of absence in accordance with
Company policies, as they apply.
In accordance with FW Act:
(a) Full-time and part-time employees who have exhausted their paid personal/eave
entitlement, will be entitled to two days of unpaid carer's leave on each occasion
(b) Casual employees will be entitled to two days of unpaid carer's leave on each occasion.
12.2.5 Exceptional circumstances
The Company will take into account exceptional circumstances, where an employee has failed
to comply with the above "qualification for payment" requirements. The Company will
determine "exceptional circumstances" on a case by case basis.
12.3 Domestic and family violence leave
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 22
Personal leave is paid at the employee's Base Hourly Rate of Pay, plus any applicable shift loading and is cumulative from year to year. Personal leave may be taken by the employee due to their own illness and/or the employee's dependant spouse, child or parent and in accordance with the FW Act. 12.2 Qualification for personal leave 12.2.1 To notify the business that an eligible employee will require (paid or unpaid) personal leave the employee must: (a) In the case of Day shift employees: it is expected that the employee will, at least one hour prior (or sooner) to the commencement of their shift (either work roster, "Flex Up Hours", "Additional Hours" or overtime hours); and (b) In the case of Afternoon and Night shift employees: advise the Company, at least two (2) hours prior (or sooner) to the commencement of their work (either work roster, "Flex Up Hours", "Additional Hours" or overtime hours); and (c) Inform the Company of his/her inability to attend for work, the reason for the absence and the expected duration. 12.2.2 For an employee to qualify for the payment of personal leave (for contracted or "Flex Up Hours"), the employee is required to comply with the notification procedure at clause 12.2.1 and provide documentation as required by the Company for the personal leave claimed: (a) Where it exceeds four (4) single day absences in any anniversary year; or (b) For multiple day absences; or (c) For absences claimed next to RDOs, public holidays, or any other day either side of a (d) paid day absence request, eg: annual leave, long service leave, etc; or For absences for "Flex Up Hours" (if it exceeds four (4) single day absences in any (e) anniversary year as stated at 12.2.2(a)); or On a public holiday that the employee is required to work (after the employee volunteered to work on the public holiday). 12.2.3 Documentation means: If it is reasonably practicable to do so - a medical certificate issued by a medical health practitioner as defined by the FW Act; or If it is not reasonably practicable to provide the Company with a medical certificate, a statutory declaration can be provided by the employee. Documentation must also be provided to the Company within twenty-four (24) to forty-eight (48) hours after the return to work from such absence. 12.2.4 Unpaid leave An employee may be permitted to take unpaid leave of absence in accordance with Company policies, as they apply. In accordance with FW Act: (a) Full-time and part-time employees who have exhausted their paid personal leave entitlement, will be entitled to two days of unpaid carer's leave on each occasion (b) Casual employees will be entitled to two days of unpaid carer's leave on each occasion. 12.2.5 Exceptional circumstances The Company will take into account exceptional circumstances, where an employee has failed to comply with the above "qualification for payment" requirements. The Company will determine "exceptional circumstances" on a case by case basis. 12.3 Domestic and family violence leave Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 22
12.3.1 The Company is committed to providing support to employees who experience family or
domestic violence and will treat all matters confidentially.
12.3.2 Employees who experience family or domestic violence and require time off work to attend to
medical appointments, legal proceedings and/or any other related activities will be entitled to
access their accrued personal leave entitlements.
12.3.3 In circumstances where employees have exhausted all paid personal leave entitlements,
employees may access a period of unpaid leave by mutual agreement.
12.3.4 An employee who supports a person experiencing family or domestic violence may take carer's
leave to accompany them to court or hospital or to care for that person's children.
12.3.5 Employees experiencing family or domestic violence will have the ability to request flexible
working arrangements.
12.3.6 An employee may be required to produce appropriate documentation (as detailed in sub
clause 12.2.4) or other documentation accepted by the Company.
13. PUBLIC HOLIDAYS
13.1 Definition
For those employees whose shift ends in to a public holiday, the shift after the day on which the
public holiday commences shall be taken as the public holiday except for Night Shift
employees whose shift where the majority of hours fall on the public holiday, then this day will
be recognised as the Public Holiday and will be taken as time off with pay.
13.2 Public holidays and work on public holidays
(a) Public holidays are provided for in the NES, and for the purpose of this Agreement,
include: Christmas Day (25 December), Good Friday, Australia Day (26 January), Labour
Day, Saturday before Easter Sunday, Easter Sunday, Easter Monday, Anzac Day
(25 April), Queen's Birthday, Melbourne Cup Day, Boxing Day (26 December), New
Years Day (1 January) or any other day which may be proclaimed in lieu (or
substitution), thereof.
For the purposes of this Agreement a public holiday will also include Union Picnic day.
(b) Work on public holidays will be voluntary. The process to determine volunteers for the
day will be as follows:
(i) The Company to call for volunteers to work on the Public Holiday, not less than
twenty one (21) days prior to the day in question, with an expression of interest form
placed on a notice board easily accessible to all employees;
(ii) The Company will determine the employees required to work on the Public
Holiday, based on the needs of the business and in line with the Preference
Hierarchy;
(iii) Should there be more volunteers than work available, the Company will offer shifts
on the basis of the Preference Hierarchy and job function required;
(iv) The Company will confirm with employees at least 14 days prior to the public
holiday whether they will be required to work or not;
(c) Cancellation of work for public holidays will be as follows:
(i) Should the business decide to not operate a shift at all on the public holiday, the
Company will advise employees they will not be required at least 72 hours before
the scheduled commencement of work on the public holiday;
(ii) The minimum hours to be worked on a Public Holiday by an individual will be four
hours;
(iii) Should the Company require people to finish work after the four hours is performed
on the public holiday, the Company will follow the order below depending on the
function required:
(a) By asking for volunteers
(b) Indirect Labour
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 23
12.3.1 The Company is committed to providing support to employees who experience family or domestic violence and will treat all matters confidentially. 12.3.2 Employees who experience family or domestic violence and require time off work to attend to medical appointments, legal proceedings and/or any other related activities will be entitled to access their accrued personal leave entitlements. 12.3.3 In circumstances where employees have exhausted all paid personal leave entitlements, employees may access a period of unpaid leave by mutual agreement. 12.3.4 An employee who supports a person experiencing family or domestic violence may take carer's leave to accompany them to court or hospital or to care for that person's children. 12.3.5 Employees experiencing family or domestic violence will have the ability to request flexible working arrangements. 12.3.6 An employee may be required to produce appropriate documentation (as detailed in sub clause 12.2.4) or other documentation accepted by the Company. 13. PUBLIC HOLIDAYS 13. Definition For those employees whose shift ends in to a public holiday, the shift after the day on which the public holiday commences shall be taken as the public holiday except for Night Shift employees whose shift where the majority of hours fall on the public holiday, then this day will be recognised as the Public Holiday and will be taken as time off with pay. 13.2 Public holidays and work on public holidays (a) Public holidays are provided for in the NES, and for the purpose of this Agreement, include: Christmas Day (25 December), Good Friday, Australia Day (26 January), Labour Day, Saturday before Easter Sunday, Easter Sunday, Easter Monday, Anzac Day (25 April), Queen's Birthday, Melbourne Cup Day, Boxing Day (26 December), New Years Day (1 January) or any other day which may be proclaimed in lieu (or substitution), thereof. For the purposes of this Agreement a public holiday will also include Union Picnic day. (b) Work on public holidays will be voluntary. The process to determine volunteers for the day will be as follows: . (1) The Company to call for volunteers to work on the Public Holiday, not less than twenty one (21) days prior to the day in question, with an expression of interest form placed on a notice board easily accessible to all employees; (ii) The Company will determine the employees required to work on the Public Holiday, based on the needs of the business and in line with the Preference Hierarchy; Should there be more volunteers than work available, the Company will offer shifts on the basis of the Preference Hierarchy and job function required; (iv) The Company will confirm with employees at least 14 days prior to the public holiday whether they will be required to work or not; (c) Cancellation of work for public holidays will be as follows: (i) Should the business decide to not operate a shift at all on the public holiday, the Company will advise employees they will not be required at least 72 hours before the scheduled commencement of work on the public holiday; (ii) The minimum hours to be worked on a Public Holiday by an individual will be four hours; (iii) Should the Company require people to finish work after the four hours is performed on the public holiday, the Company will follow the order below depending on the function required: (a) By asking for volunteers (b) Indirect Labour Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 23
(c) Direct Casuals
(d) Permanent Part Time
(e) Permanent Full Time
Nothing in this clause is to be construed as preventing the Company ultimately advising
an employee that they are no longer required to perform any further work on the public
holiday.
13.3 Public holiday payment
13.3.1 If a full time or part time employee works on a public holiday, they can elect to be paid:
(a) At the rate of 250% (of their Base Hourly Rate of Pay) with a minimum payment of
four {4) hours, for that day or
(b) Be paid at the rate of 150% of their Base Hourly Rate of Pay, with time in lieu
(calculated on the Base Hourly Rate of Pay plus the employee's applicable shift
loading) to be banked.
Full time employees who volunteer and work on the public holiday but are not required to work
their full hours on the public holiday will receive their Base Hourly Rate of Pay plus applicable
shift loadings for those hours that they are not required to work
Part time employees who volunteer and work on the public holiday which forms part of their
contracted work roster but are not required to work their full hours on the public holiday will
receive their Base Hourly Rate of Pay plus applicable shift loadings for those hours that they are
not required to work.
Casual employees are paid at the rate of 250% of their Base Hourly Rate of Pay, with a minimum
payment of four {4) hours for work performed on a public holiday. Casual employees will not be
entitled to the casual loading.
13.3.2 Banked shifts may be redeemed as time in lieu or as a wage pay-out. Time in lieu will be
confined to non-Premium days unless the employee has earned the day on a Premium shift and
will be paid at the Base Hourly Rate of Pay plus the employee's applicable shift loading.
13.3.3 Banked (Public Holiday) time in iieu or wage pay-out may be held until the Agreement wage
increase anniversary of the following year.
13.3.4 Any unused banked time due to expire, as set out in clause 13.3.3, will be paid out in the pay
week immediately preceding the Agreement's wage increase anniversary.
13.4 Part-time employees
Part-time employees will not get the benefit of a public holiday which falls on their non rostered
day.
13.5 Public holidays, non rostered days and Rostered Days Off
If a public holiday or nominated public holiday falls on a full-time employee's RDO or non
rostered working day, then the full-time employee shall receive an additional day's pay or a
day off in lieu (at their election). This day will be paid at the employee's Base Rate of Pay plus
applicable shift loading.
The time in lieu accrued for a public holiday must be taken by the time the following year's
wage increase applies. If it is not taken, it will be paid out prior to when the following year's
wage increase applies.
13.6 Substitution of Christmas Day and New Year's Day
Where Christmas Day or New Year's Day fall on a Saturday or Sunday, the following Monday
and/or Tuesday will be observed as the public holiday/s, ie: normal substitute day provisions
apply. However, where any employee works regular hours on a Saturday and/or Sunday, the
Saturday and/or Sunday will be observed as the public holiday/sand not the substitute day.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 24
(c) Direct Casuals (d) ( e ) Permanent Part Time Permanent Full Time Nothing in this clause is to be construed as preventing the Company ultimately advising an employee that they are no longer required to perform any further work on the public holiday. 13.3 Public holiday payment 13.3.1 If a full time or part time employee works on a public holiday, they can elect to be paid: (a) At the rate of 250% (of their Base Hourly Rate of Pay) with a minimum payment of (b) four (4) hours, for that day or Be paid at the rate of 150% of their Base Hourly Rate of Pay, with time in lieu (calculated on the Base Hourly Rate of Pay plus the employee's applicable shift loading) to be banked. Full time employees who volunteer and work on the public holiday but are not required to work their full hours on the public holiday will receive their Base Hourly Rate of Pay plus applicable shift loadings for those hours that they are not required to work Part time employees who volunteer and work on the public holiday which forms part of their contracted work roster but are not required to work their full hours on the public holiday will receive their Base Hourly Rate of Pay plus applicable shift loadings for those hours that they are not required to work. Casual employees are paid at the rate of 250% of their Base Hourly Rate of Pay, with a minimum payment of four (4) hours for work performed on a public holiday. Casual employees will not be entitled to the casual loading. 13.3.2 Banked shifts may be redeemed as time in lieu or as a wage pay-out. Time in lieu will be confined to non-Premium days unless the employee has earned the day on a Premium shift and will be paid at the Base Hourly Rate of Pay plus the employee's applicable shift loading. 13.3.3 Banked (Public Holiday) time in lieu or wage pay-out may be held until the Agreement wage increase anniversary of the following year. 13.3.4 Any unused banked time due to expire, as set out in clause 13.3.3, will be paid out in the pay week immediately preceding the Agreement's wage increase anniversary. 13.4 Part-time employees Part-time employees will not get the benefit of a public holiday which falls on their non rostered day. 13.5 Public holidays, non rostered days and Rostered Days Off If a public holiday or nominated public holiday falls on a full-time employee's RDO or non- rostered working day, then the full-time employee shall receive an additional day's pay or a day off in lieu (at their election). This day will be paid at the employee's Base Rate of Pay plus applicable shift loading. The time in lieu accrued for a public holiday must be taken by the time the following year's wage increase applies. If it is not taken, it will be paid out prior to when the following year's wage increase applies. 13.6 Substitution of Christmas Day and New Year's Day Where Christmas Day or New Year's Day fall on a Saturday or Sunday, the following Monday and/or Tuesday will be observed as the public holiday/s, ie: normal substitute day provisions apply. However, where any employee works regular hours on a Saturday and/or Sunday, the Saturday and/or Sunday will be observed as the public holiday/s and not the substitute day. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 24
14. MEAL BREAKS, REFRESHMENT PAUSES AND REST PAUSES
14.1 Meal breaks
14.1.1 An employee, unless by agreement, shall not be required to work five (5) hours or more without
taking a meal break. An employee must not work more than six (6) hours without a break for a
meal, of at least thirty (30) minutes duration. Meal breaks, except for shift workers, are unpaid.
14.1 .2 All meal breaks for shift workers will be paid
Employees finishing at Spm or prior, are to receive their first meal break as unpaid
Employees finishing later than Spm are to receive paid meal break(s)
For all shifts greater than 4 hours and up to 5 hours will receive a 30m in meal break ( 15 min paid
and 15 unpaid when finishing Spm or prior.)
The second and subsequent meal breaks for all employees will be paid.
4.2 Refreshment and Rest pauses
14.2.1 All employees who are only rostered to work four hours each day will be entitled to one 1 0
minute paid refreshment pause inclusive of walking time. For employees working in section C
and D of Sortation, reasonable walking time will be provided in addition, in recognition of the
distance traveled to the rest pause area from these specific work areas.
14.2.2 All employees working more than four (4) hours up to five (5) hours to receive a half hour meal
break (Refer to 14. 1 .2)
14.2.3 All employees working more than five (5) hours but less than seven (7) hours per day are entitled
to a fifteen ( 15) minute paid rest pause, to be taken either between the normal commencing
time and the meal break, or between the meal break and the normal finishing time, whichever
is the greater duration.
14.2.4 All employees working seven (7) hours or more per day will receive two (2) paid rest pauses of
fifteen (15) minutes. The first rest pause is to be taken between the normal commencing time
and the meal break, the second rest pause is to be taken between the meal break and the
normal finishing time.
14.2.5 A fifteen ( 15) minute paid rest pause will be provided for every two (2) hours of overtime
beyond 9.5 worked hours, otherwise the normal break structure will be applied. The scheduling
of breaks will be as per clause 14.3.
Hours worked Meal Breaks Rest & refreshment pauses
4 n/a 10min
4 up to 5 30m in n/a
5 30m in 15min
2.7 30m in 2x15min
2.8 30m in 2x15min
2.9 30m in 2x15min
2.10 2x30min 2x15min
2.11.5 2x30min 3x15min
2.13.5 2x30min 4x15min
2.15 3x30min 4x15min
2.15.5 3x30min 5x15min
• "Hours worked" are inclusive of any paid meal breaks, rest pauses or refreshment pauses
• greater than
• 2. equal to or greater than
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 25
14. MEAL BREAKS, REFRESHMENT PAUSES AND REST PAUSES 14.1 Meal breaks 14.1.1 An employee, unless by agreement, shall not be required to work five (5) hours or more without taking a meal break. An employee must not work more than six (6) hours without a break for a meal, of at least thirty (30) minutes duration. Meal breaks, except for shift workers, are unpaid. 14.1.2 All meal breaks for shift workers will be paid Employees finishing at 8pm or prior, are to receive their first meal break as unpaid Employees finishing later than 8pm are to receive paid meal break(s) For all shifts greater than 4 hours and up to 5 hours will receive a 30min meal break (15 min paid and 15 unpaid when finishing 8pm or prior.) The second and subsequent meal breaks for all employees will be paid. 4.2 Refreshment and Rest pauses 14.2.1 All employees who are only rostered to work four hours each day will be entitled to one 10 minute paid refreshment pause inclusive of walking time. For employees working in section C and D of Sortation, reasonable walking time will be provided in addition, in recognition of the distance traveled to the rest pause area from these specific work areas. 14.2.2 All employees working more than four (4) hours up to five (5) hours to receive a half hour meal break (Refer to 14.1.2) 14.2.3 All employees working more than five (5) hours but less than seven (7) hours per day are entitled to a fifteen (15) minute paid rest pause, to be taken either between the normal commencing time and the meal break, or between the meal break and the normal finishing time, whichever is the greater duration. 14.2.4 All employees working seven (7) hours or more per day will receive two (2) paid rest pauses of fifteen (15) minutes. The first rest pause is to be taken between the normal commencing time and the meal break, the second rest pause is to be taken between the meal break and the normal finishing time. 14.2.5 A fifteen (15) minute paid rest pause will be provided for every two (2) hours of overtime beyond 9.5 worked hours, otherwise the normal break structure will be applied. The scheduling of breaks will be as per clause 14.3. Hours worked Meal Breaks Rest & refreshment pauses 4 n/a 10min 4 up to 5 30min n/c 5 30min 15min 27 30min 2×15min 28 30min 2x15min 29 30min 2×15min ≥10 2x30min 2×15min ≥11.5 2×30min 3×15min ≥13.5 2x30min 4x15min ≥15 3×30min 4x15min ≥15.5 3x30min 5x15min "Hours worked" are inclusive of any paid meal breaks, rest pauses or refreshment pauses greater than . ≥ equal to or greater than Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 25
14.3 Structuring meal breaks/ refreshment and rest pauses
By agreement between the employee and the manager, the timing of the refreshment pauses,
rest pauses and meal breaks may be flexibly structured to meet the needs of the operation.
All employees are required to log out to and back from meal breaks by using the appropriate
recording method located at the entrances/exits to the MRDC floor. All meal breaks and rest
pauses are exclusive of reasonable walking time.
All meal breaks, refreshment pauses and rest pauses are inclusive of washing and changing
time.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 26
14.3 Structuring meal breaks/ refreshment and rest pauses By agreement between the employee and the manager, the timing of the refreshment pauses, rest pauses and meal breaks may be flexibly structured to meet the needs of the operation. All employees are required to log out to and back from meal breaks by using the appropriate recording method located at the entrances/exits to the MRDC floor. All meal breaks and rest pauses are exclusive of reasonable walking time. All meal breaks, refreshment pauses and rest pauses are inclusive of washing and changing time. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 26
15. DISPUTE RESOLUTION PROCEDURE
15.1 To ensure issues are dealt with as close as possible to the source, the terms of this issue resolution
procedure shall be binding on every employee covered by this Agreement.
Managers are required to deal with employee issues as quickly as possible. Employee(s) may
appoint another person(s) of their choice to represent them which could include
representative(s) of the union (Delegate/Union official etc) at any stage in this procedure.
Any issue, dispute or claim by any of the employees covered by this Agreement about a matter in
this Agreement or about wages and conditions of employment shall be settled in the following
manner:
15.1.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by
discussions between the employee(s) or appointed representative(s) concerned and the relevant
Manager.
15.1.2 If the rnatter in dispute remains unresolved after a further 24 hours, the employee or appointed
representative may refer it to a more senior level of management including the Shift Operations
Manager or Human Resources Specialist for resolution within three(3) working days or such later
time as agreed by the parties.
15.1.3 If the matter in dispute remains unresolved, the employee or appointed representative may
refer it to the Logistics Manager or the Human Resources Manager for resolution within five(5)
working days or such later time as agreed by the parties.
15.1.4 If the matter is unresolved, the employee or appointed representative may refer it to the
National Logistics Manager or National Operations Human Resources Manager to be resolved
within seven (7) working days or such later time as agreed by the parties.
15.1.5 If the matter has still not been resolved, either parties may refer the matter to Fair Work
Commission (FWC) for conciliation, and if necessary, arbitration.
15.1 .6 If arbitration is necessary, FWC may exercise the procedural powers in relation to hearings,
witnesses' evidence and submissions in line with the FW Act which are necessary to make the
arbitration effective.
15.1.7 If FWC conducts arbitration, the decision of FWC will bind the parties subject to either party
exercising the right of appeal against the decision to a full bench of FWC
15.1 .8 An employee is not able at any stage to be represented by a Union, or by an official or
employee of a Union, unless the relevant Union has coverage of that employee. In conciliation
or arbitration before FWC, the Company is entitled to be represented by a representative of its
choice whether or not that representative is an employee of the Company.
15.1.9 At any stage of this process, the employee has twenty-eight (28) days, or longer by mutual
agreement, after receiving a formal response from the Company to progress to the next step,
or notify their intent to proceed, or the grievance will be considered finalised. This will not be
unreasonably withheld be either party. This does not limit the ability of another party to raise the
same grievance at another time.
15.2 Should a dispute involve a manager, the procedure will commence at the level of the
manager's line manager.
15.3 The above procedure will apply to disputes about matters in this Agreement, including disputes
about the NES. However, Clauses 15.1.5 to 15.1.7 (inclusive) will not apply, and cannot be
taken, in relation to a dispute about whether the employer has reasonable business grounds
under subsection 65(5) or 76(4) of the FW Act.
15.4 It is a term of this Agreement that while the disputes resolution procedure is being conducted,
work shall continue as normal before the dispute arose, unless an employee has a reasonable
concern about an imminent risk to his or her health or safety.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 27
15. DISPUTE RESOLUTION PROCEDURE 15. To ensure issues are dealt with as close as possible to the source, the terms of this issue resolution procedure shall be binding on every employee covered by this Agreement. Managers are required to deal with employee issues as quickly as possible. Employee(s) may appoint another person(s) of their choice to represent them which could include representative(s) of the union (Delegate/Union official etc) at any stage in this procedure. Any issue, dispute or claim by any of the employees covered by this Agreement about a matter in this Agreement or about wages and conditions of employment shall be settled in the following manner: 15.1.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) or appointed representative(s) concerned and the relevant Manager. 15.1.2 If the matter in dispute remains unresolved after a further 24 hours, the employee or appointed representative may refer it to a more senior level of management including the Shift Operations Manager or Human Resources Specialist for resolution within three(3) working days or such later time as agreed by the parties. 15.1.3 If the matter in dispute remains unresolved, the employee or appointed representative may refer it to the Logistics Manager or the Human Resources Manager for resolution within five (5) working days or such later time as agreed by the parties. 15.1.4 If the matter is unresolved, the employee or appointed representative may refer it to the National Logistics Manager or National Operations Human Resources Manager to be resolved within seven (7) working days or such later time as agreed by the parties. 15.1.5 If the matter has still not been resolved, either parties may refer the matter to Fair Work Commission (FWC) for conciliation, and if necessary, arbitration. 15.1.6 If arbitration is necessary, FWC may exercise the procedural powers in relation to hearings, witnesses' evidence and submissions in line with the FW Act which are necessary to make the arbitration effective. 15.1.7 If FWC conducts arbitration, the decision of FWC will bind the parties subject to either party exercising the right of appeal against the decision to a full bench of FWC 15.1.8 An employee is not able at any stage to be represented by a Union, or by an official or employee of a Union, unless the relevant Union has coverage of that employee. In conciliation or arbitration before FWC, the Company is entitled to be represented by a representative of its choice whether or not that representative is an employee of the Company. 15.1.9 At any stage of this process, the employee has twenty-eight (28) days, or longer by mutual agreement, after receiving a formal response from the Company to progress to the next step, or notify their intent to proceed, or the grievance will be considered finalised. This will not be unreasonably withheld be either party. This does not limit the ability of another party to raise the same grievance at another time. 15.2 Should a dispute involve a manager, the procedure will commence at the level of the manager's line manager. 15.3 The above procedure will apply to disputes about matters in this Agreement, including disputes about the NES. However, Clauses 15.1.5 to 15.1.7 (inclusive) will not apply, and cannot be taken, in relation to a dispute about whether the employer has reasonable business grounds under subsection 65(5) or 76(4) of the FW Act. 15.4 It is a term of this Agreement that while the disputes resolution procedure is being conducted, work shall continue as normal before the dispute arose, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 27
15.5 Any disputes post closure will be addressed through the process in Appendix A.
16. TERMS AND CONDITIONS OF EMPLOYMENT
16.1 Employment Status
16.1.1 An employee under this Agreement may be employed on a full-time, part-time or casual basis.
Employees will not be engaged on fixed-term contracts except under the Temporary Contract
provisions included in this Agreement as part of the TtC (Clause 4.26) or in line with the definition
of limited tenure in clause 4.28
16.1.2 Upon engagement an employee will be advised of the basis of their employment, ie. full-time,
part-time or casual. Each employee shall be supplied a copy of this Agreement upon
commencement of employment.
16.1.3 Except in the case of instant dismissals, the employment of full-time and, part-time employees
may only be terminated by the appropriate notice period or payment in lieu as is stated in
clause 16.2. For casual employees, the Company will provide at least two weeks' actual notice
of termination (associated with the TtC) but in no circumstances is the Company required to
pay out this notice period to a casual employee.
16.2 Termination of Employment
16.2.1 Period of Notice
(a) In order to terminate the employment of a weekly employee after the probationary
employment period, the Company or employee shall give the following notice:-
Period of Continuous Service Period of Notice
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3weeks
More than 5 years 4weeks
(b) In addition to the notice in (a) above, weekly employees over forty-five (45) years of age
at the time of giving of notice and with not less than two (2) years continuous service, shall
be entitled to an additional week's notice.
(c) Payment (or forfeiture of payment) in lieu of notice shall be made if the appropriate notice
is not given, provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof. In calculating any payment in lieu of notice the
Base Hourly Rate of Pay plus applicable shift loading for the employee concerned shall be
used or such greater amount prescribed by applicable legislation.
(d) The period of notice shall not apply in the case of dismissal for misconduct or other
grounds that justified instant dismissal (such as but not limited to drunkenness, harassment,
insubordination, theft, dishonesty, abandonment of employment or failure to carry out a
lawful instruction).
16.2.2 Time off work during period of notice/ Leave to seek alternative employment
Upon the company providing written notice of retrenchment, an employee will be provided
with an option of:
• One day off work without loss of pay (at a mutually agreed time) for each week of notice
for the purpose of seeking alternative employment, or
• The employee may bank these days and receive the equivalent payment in lieu (up to a
maximum of 5 days).
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 28
15.5 Any disputes post closure will be addressed through the process in Appendix A. 16. TERMS AND CONDITIONS OF EMPLOYMENT 16.1 Employment Status 16.1.1 An employee under this Agreement may be employed on a full-time, part-time or casual basis. Employees will not be engaged on fixed-term contracts except under the Temporary Contract provisions included in this Agreement as part of the TtC (Clause 4.26) or in line with the definition of limited tenure in clause 4.28 16.1.2 Upon engagement an employee will be advised of the basis of their employment, ie. full-time, part-time or casual. Each employee shall be supplied a copy of this Agreement upon commencement of employment. 16.1.3 Except in the case of instant dismissals, the employment of full-time and, part-time employees may only be terminated by the appropriate notice period or payment in lieu as is stated in clause 16.2. For casual employees, the Company will provide at least two weeks' actual notice of termination (associated with the TtC) but in no circumstances is the Company required to pay out this notice period to a casual employee. 16.2 Termination of Employment 16.2.1 Period of Notice (a) In order to terminate the employment of a weekly employee after the probationary employment period, the Company or employee shall give the following notice :- Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks (b) In addition to the notice in (a) above, weekly employees over forty-five (45) years of age at the time of giving of notice and with not less than two (2) years continuous service, shall be entitled to an additional week's notice. (c) Payment (or forfeiture of payment) in lieu of notice shall be made if the appropriate notice is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. In calculating any payment in lieu of notice the Base Hourly Rate of Pay plus applicable shift loading for the employee concerned shall be used or such greater amount prescribed by applicable legislation. (d) The period of notice shall not apply in the case of dismissal for misconduct or other grounds that justified instant dismissal (such as but not limited to drunkenness, harassment, insubordination, theft, dishonesty, abandonment of employment or failure to carry out a lawful instruction). 16.2.2 Time off work during period of notice/ Leave to seek alternative employment Upon the company providing written notice of retrenchment, an employee will be provided with an option of: . One day off work without loss of pay (at a mutually agreed time) for each week of notice for the purpose of seeking alternative employment, or The employee may bank these days and receive the equivalent payment in lieu (up to a maximum of 5 days). Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 28
16.3 Abandonment of Employment
The absence of an employee from work for a continuous period exceeding three (3) working
days, without just cause, without the consent of the Company and without notification to the
Company, shall be taken as the employee has abandoned employment and the Company will
be entitled to treat the employment as having been terminated.
16.4 Certificate of Service I Redundancy Estimates
The company will provide employees with copies of the following information at the
commencement of the 6 month advanced notice period from closure:
• Employees will be provided with a certificate of service inclusive of length of service, duties
performed, positions held (where this information exists) and reason for termination.
• Employees will be provided with an estimate of their final redundancy I termination payout
inclusive of redundancy estimates and accrued leave entitlements (as at the advance
notice date). Any final payment will depend upon each employee's individual tax
circumstances, ETP elements and accruals.
Employees will also be provided with a streamlined resolution process to address any concerns
with access to a Union delegate of their choice. This Process will be managed through the
TCCC
16.5 Confidentiallnformation
Any trade secret (whether documented or not) of a confidential nature gained by the
employee during employment shall not, without the written authority of the Company, be
passed on to any person. Nor shall such information be used for the personal benefit of the
employee.
17. REDUNDANCY
17.1 Application
This clause applies to permanent full-time and part-time employees covered by this Agreement.
17.2 Discussions before terminations
17.2.1 Where the Company has made a definite decision that it no longer wishes the job the employee
has been doing, carried out by anyone and this is not due to the ordinary and customary turnover
of labour and that decision may lead to termination of employment, the Company shall hold
discussions with the employees directly affected and with the Union.
17.2.2 The discussions shall take place as soon as is practicable after the Company has made a definite
decision which will invoke the provision of paragraph 17.2.1 and shall cover any reasons for the
proposed terminations, measures to avoid or minimise the terminations and measures to mitigate
any adverse effects of any terminations on the employees concerned and will be dealt with
through the TCCC.
17.2.3 For the purposes of the discussion the Company shall, as soon as practicable, provide in writing to
the employees concerned and the union to which they belong, all relevant information about
the proposed terminations provided that the Company shall not be required to disclose
confidential and commercially sensitive information the disclosure of which would adversely
affect the Company.
17.3 Severance Payment
The severance payment provided for by this Agreement is in Appendix A.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page 1 29
16.3 Abandonment of Employment The absence of an employee from work for a continuous period exceeding three (3) working days, without just cause, without the consent of the Company and without notification to the Company, shall be taken as the employee has abandoned employment and the Company will be entitled to treat the employment as having been terminated. 16.4 Certificate of Service / Redundancy Estimates The company will provide employees with copies of the following information at the commencement of the 6 month advanced notice period from closure: Employees will be provided with a certificate of service inclusive of length of service, duties performed, positions held (where this information exists) and reason for termination. . Employees will be provided with an estimate of their final redundancy / termination payout inclusive of redundancy estimates and accrued leave entitlements (as at the advance notice date). Any final payment will depend upon each employee's individual tax circumstances, ETP elements and accruals. Employees will also be provided with a streamlined resolution process to address any concerns with access to a Union delegate of their choice. This Process will be managed through the TCCC 16.5 Confidential Information Any trade secret (whether documented or not) of a confidential nature gained by the employee during employment shall not, without the written authority of the Company, be passed on to any person. Nor shall such information be used for the personal benefit of the employee. 17. REDUNDANCY 17.1 Application This clause applies to permanent full-time and part-time employees covered by this Agreement. 17.2 Discussions before terminations 17.2.1 Where the Company has made a definite decision that it no longer wishes the job the employee has been doing, carried out by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Company shall hold discussions with the employees directly affected and with the Union. 17.2.2 The discussions shall take place as soon as is practicable after the Company has made a definite decision which will invoke the provision of paragraph 17.2.1 and shall cover any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned and will be dealt with through the TCCC. 17.2.3 For the purposes of the discussion the Company shall, as soon as practicable, provide in writing to the employees concerned and the union to which they belong, all relevant information about the proposed terminations provided that the Company shall not be required to disclose confidential and commercially sensitive information the disclosure of which would adversely affect the Company. 17.3 Severance Payment The severance payment provided for by this Agreement is in Appendix A. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 29
17.4 Employee leaving during the notice period
An employee whose employment is terminated by the Company on the grounds of redundancy
may terminate their employment during the period of notice and, if so, shall be entitled to the
same severance payment in accordance with appendix A. Provided that in such circumstances
the employee shall not be entitled to payment in lieu of notice.
17.5 Alternative employment
Woolworths is committed to job security and long term careers of its employees. Specific
commitments regarding redeployment are provided for in Appendix A of this Agreement (and
those provisions will prevail over this clause to the extent of any inconsistency).
In the event of a business change impacting employees, Woolworths will consult with the union
and employees concerned and the following principles will apply to employees who are
displaced from their roles:
(a) This clause will only apply where an employee has indicated that they do not wish to
take up a redundancy payment.
(b) All directly engaged employees (Full-time, Part-time and direct Casual) who are
displaced from their jobs as a result of business change will be assisted to find a suitable
alternative role within the business. A suitable alternative role will be one that provides
similar duties and tasks, similar rostering arrangements and base pay;
(c) Employees will be supported through this process and consulted on an individual basis to
determine any specific personal requirements, and address where possible;
(d) In the event that an employee cannot be redeployed into a suitable alternative role,
Woolworths will make other internal vacancies available to that employee and will
provide the appropriate support and training should the employee accept a dissimilar
role;
(e) In the event that an employee is unable to accept a suitable alternative role due to
genuine hardship, after reviewing the circumstances with the employee and the union,
the Company will pay the appropriate redundancy entitlement;
(f) In the event that an employee is unable to be offered suitable alternative employment
and does not wish to accept a dissimilar role, the employee will be paid the appropriate
redundancy entitlement.
Woolworths has a strong track record in supporting employees through business change in order
to maintain their careers and minimise the impact on an individual's personal circumstances. As
part of this commitment, care is taken to ensure each individual is treated with dignity and
respect through the process.
17.6 Exemption from redundancy clause
This clause only applies where the employment of an employee or employees are terminated
due to redundancy. Where employment is terminated as a consequence of misconduct, or in
the case of casual employees, or in the case of employees engaged for a specific period of
time or for a specific task or tasks, this clause shall not apply.
17.7 Transmission of Business
Where a business is before or after the date of this Agreement, transmitted from the Company
(in this subclause called "the Transmittor") to another employer (in this subclause call "the
transmittee") and an employee who at the time of such transmission was an employee of the
transmittor in that business becomes an employee of the transmittee:
(i) the continuity of the employment of the employee shall be deemed not to have been
broken by reason of such transmission; and
(ii) the period of the employee's employment with the transmitter and any prior transmitter
shall be deemed to be service with the transmittee.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 30
17.4 Employee leaving during the notice period An employee whose employment is terminated by the Company on the grounds of redundancy may terminate their employment during the period of notice and, if so, shall be entitled to the same severance payment in accordance with appendix A. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 17.5 Alternative employment Woolworths is committed to job security and long term careers of its employees. Specific commitments regarding redeployment are provided for in Appendix A of this Agreement (and those provisions will prevail over this clause to the extent of any inconsistency). In the event of a business change impacting employees, Woolworths will consult with the union and employees concerned and the following principles will apply to employees who are displaced from their roles: (a) This clause will only apply where an employee has indicated that they do not wish to (b) take up a redundancy payment. All directly engaged employees (Full-time, Part-time and direct Casual) who are displaced from their jobs as a result of business change will be assisted to find a suitable alternative role within the business. A suitable alternative role will be one that provides similar duties and tasks, similar rostering arrangements and base pay; (c) Employees will be supported through this process and consulted on an individual basis to (d) determine any specific personal requirements, and address where possible; In the event that an employee cannot be redeployed into a suitable alternative role, Woolworths will make other internal vacancies available to that employee and will provide the appropriate support and training should the employee accept a dissimilar role; (e) In the event that an employee is unable to accept a suitable alternative role due to genuine hardship, after reviewing the circumstances with the employee and the union, the Company will pay the appropriate redundancy entitlement; (f) In the event that an employee is unable to be offered suitable alternative employment and does not wish to accept a dissimilar role, the employee will be paid the appropriate redundancy entitlement. Woolworths has a strong track record in supporting employees through business change in order to maintain their careers and minimise the impact on an individual's personal circumstances. As part of this commitment, care is taken to ensure each individual is treated with dignity and respect through the process. 17.6 Exemption from redundancy clause This clause only applies where the employment of an employee or employees are terminated due to redundancy. Where employment is terminated as a consequence of misconduct, or in the case of casual employees, or in the case of employees engaged for a specific period of time or for a specific task or tasks, this clause shall not apply. 17.7 Transmission of Business Where a business is before or after the date of this Agreement, transmitted from the Company (in this subclause called "the Transmittor") to another employer (in this subclause call "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of the employee's employment with the transmitter and any prior transmitter shall be deemed to be service with the transmittee. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 30
18. SUPERANNUATION
18.1 "Ordinary Time Earnings" or "OTE"
In this clause, "Ordinary Time Earnings" or "OTE" has the same meaning as in the applicable
superannuation legislation. This means that superannuation will be paid on "Flex up Hours",
"Additional Hours" and "Midnight Shift Hours" but it will not be paid on overtime.
18.2 Contributions
(a)
(b)
(c)
The Company will make Superannuation contributions in accordance with the relevant
legislation on behalf of employees to the Labour Union Co-operative Retirement Fund
(LUCRF) ("default fund"). At the time of this Agreement, the relevant legislation includes
the Superannuation Guarantee (Administration) Act 1992 and the Superannuation
Guarantee Charge Act 1992.
However, if an employee wants the Company to make contributions into a complying
superannuation fund of the employee's choice, rather than the default fund, the
employees must provide a written request to the Company and provide the Company
with all details reasonably requested by the Company.
Superannuation contributions will be made in accordance with the relevant legislation
(which is currently 9.5%) on a monthly basis, having regard to an employee's OTE, and
will cover pay periods completed in that time.
18.3 Salary Sacrifice for Superannuation
(a) An employee may direct. the Company to pay a portion of the employee's wages into
the default fund or into a complying superannuation fund of the employee's choice for
the benefit of the employee, subject to the amounts prescribed in the Australian
Taxation Office aged based employer tax deduction limits.
(b) Any amounts paid in accordance with such a direction are deemed to be paid in
satisfaction of the Company's obligation to pay the wages set out in this Agreement.
Accordingly, no breach of this Agreement will occur if the actual wages paid to the
employee fall below the rates set by this Agreement solely because of the Company
paying additional superannuation contributions on a pre-tax basis under this clause.
19. JURY SERVICE
Jury service is referred to in the Juries Act 2000 (VIC).
Full-time and part-time employees are entitled to jury service leave in accordance with the FW
Act. Full-time and part-time employees are also entitled to the provisions of this clause to the
extent that they provide a greater entitlement than the FW Act. The benefits in this clause are
inclusive of, and not in addition to, an employee's entitlements under the FW Act arising in
respect of the same circumstances.
A full-time and part-time employee shall be allowed leave of absence during any period of
their contracted work roster when required to attend for jury service. Provided, this clause shall
have no operation while the period of entitlement to leave under it coincides with any other
period of entitlement to leave or a rostered day off. During such jury service, an employee shall
be paid the difference between the jury service fees received and the employee's Base Hourly
Rate of Pay plus applicable shift loadings according to the employee's contracted work roster.
The employee shall produce proof of jury service fees received, requirements to attend and
attendance on jury service and shall give the Company notice of such requirements as soon as
practicable after receiving notification to attend for jury service.
When a shift work employee is required to attend during the day to serve on a jury, they will be
allowed the immediate preceding shift off as leave under the terms of this clause.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 31
18. SUPERANNUATION 18.1 "Ordinary Time Earnings" or "OTE" In this clause, "Ordinary Time Earnings" or "OTE" has the same meaning as in the applicable superannuation legislation. This means that superannuation will be paid on "Flex up Hours", "Additional Hours" and "Midnight Shift Hours" but it will not be paid on overtime. 18.2 Contributions (a) The Company will make Superannuation contributions in accordance with the relevant legislation on behalf of employees to the Labour Union Co-operative Retirement Fund (LUCRF) ("default fund"). At the time of this Agreement, the relevant legislation includes the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992. (b) However, if an employee wants the Company to make contributions into a complying superannuation fund of the employee's choice, rather than the default fund, the employees must provide a written request to the Company and provide the Company with all details reasonably requested by the Company. (c) Superannuation contributions will be made in accordance with the relevant legislation (which is currently 9.5%) on a monthly basis, having regard to an employee's OTE, and will cover pay periods completed in that time. 18.3 Salary Sacrifice for Superannuation (a) An employee may direct the Company to pay a portion of the employee's wages into the default fund or into a complying superannuation fund of the employee's choice for the benefit of the employee, subject to the amounts prescribed in the Australian Taxation Office aged based employer tax deduction limits. (b) Any amounts paid in accordance with such a direction are deemed to be paid in satisfaction of the Company's obligation to pay the wages set out in this Agreement. Accordingly, no breach of this Agreement will occur if the actual wages paid to the employee fall below the rates set by this Agreement solely because of the Company paying additional superannuation contributions on a pre-tax basis under this clause. 19. JURY SERVICE Jury service is referred to in the Juries Act 2000 (VIC). Full-time and part-time employees are entitled to jury service leave in accordance with the FW Act. Full-time and part-time employees are also entitled to the provisions of this clause to the extent that they provide a greater entitlement than the FW Act. The benefits in this clause are inclusive of, and not in addition to, an employee's entitlements under the FW Act arising in respect of the same circumstances. A full-time and part-time employee shall be allowed leave of absence during any period of their contracted work roster when required to attend for jury service. Provided, this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave or a rostered day off. During such jury service, an employee shall be paid the difference between the jury service fees received and the employee's Base Hourly Rate of Pay plus applicable shift loadings according to the employee's contracted work roster. The employee shall produce proof of jury service fees received, requirements to attend and attendance on jury service and shall give the Company notice of such requirements as soon as practicable after receiving notification to attend for jury service. When a shift work employee is required to attend during the day to serve on a jury, they will be allowed the immediate preceding shift off as leave under the terms of this clause. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 31
20. COMPASSIONATE LEAVE
Full-time and part-time employees are entitled to compassionate leave (2 days) in accordance
with the FW Act. Full-time and part-time employees are also entitled to the provisions of this
clause to the extent that they provide a greater entitlement than the FW Act. The benefits in this
clause are inclusive of, and not in addition to, an employee's entitlements under the FW Act
arising in respect of the same circumstances.
The FW Act provides compassionate leave includes leave when a member of the employee's
immediate family or a member of the employee's household or Significant Other:
(a) Contracts or develops a personal illness that poses a serious threat to their life; or
(b) Sustains a personal injury that poses a serious threat to their life; or
(c) Dies.
Immediate family includes spouse, defacto partner, father, mother, foster-father, foster mother,
mother-in-law, father-in-law, brother, sister, child or stepchild, grandfather or grandmother
grandfather-in-law, grandmother-in-law, stepfather, stepmother, grandson and granddaughter
be entitled to compassionate leave as follows:
20.1 Within Victoria - leave of absence for the purpose of attending the funeral. Such leave shall be
paid leave for a period not exceeding the number of hours worked by the employee in three
(3) days of their contracted work roster.
20.2 Outside Victoria -leave of absence for seven (7) calendar days (of which only three (3) days
shall be paid) for the purpose of attending the funeral.
20.3 Outside Australia -leave of absence for thirty (30) calendar days (of which only three (3) days
shall be paid) for the purpose of attending the funeral.
Documentation shall be provided by the employee, at the request of, and to the satisfaction
of, the Company. This clause shall have no operation while the period of entitlement to leave
under it coincides with any other period of entitlement to leave.
For the purposes of this clause the words "wife" and "husband" shall include a wife or husband
from whom the employee is separated and shall include a person who lives with the employee
as a de facto wife, husband or spouse.
Defacto partner means a person who, although not legally married to the employee, lives with
the employee in a relationship as a couple on a genuine domestic basis (whether the
employee and the person are of the same gender or different genders).
Significant Other means a close friend or relative of an employee not listed above.
20.4 An employee on compassionate leave will be paid the employee's Base Hourly Rate of Pay
plus applicable shift loadings according to the employee's contracted work roster.
21. LONG SERVICE LEAVE
Employees are entitled to Long Service Leave in accordance with the provisions of the relevant
legislation. At the time of this Agreement, the relevant legislation is the Long Service Leave Act
1992 (VIC).
The Company will offer access to pro rata Long Service Leave after ten (1 OJ years service.
22. WORKERS' COMPENSATION & ACCIDENT MAKE-UP PAY
The entitlement of an employee to workers' compensation shall be as described in the
provisions of the relevant State Legislation. As at the date of this Agreement, the relevant
legislation is the Accident Compensation Act 1985 {VIC).
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 32
20. COMPASSIONATE LEAVE Full-time and part-time employees are entitled to compassionate leave (2 days) in accordance with the FW Act. Full-time and part-time employees are also entitled to the provisions of this clause to the extent that they provide a greater entitlement than the FW Act. The benefits in this clause are inclusive of, and not in addition to, an employee's entitlements under the FW Act arising in respect of the same circumstances. The FW Act provides compassionate leave includes leave when a member of the employee's immediate family or a member of the employee's household or Significant Other: (a) (b) Contracts or develops a personal illness that poses a serious threat to their life; or Sustains a personal injury that poses a serious threat to their life; or (c) Dies Immediate family includes spouse, defacto partner, father, mother, foster-father, foster mother, mother-in-law, father-in-law, brother, sister, child or stepchild, grandfather or grandmother. grandfather-in-law, grandmother-in-law, stepfather, stepmother, grandson and granddaughter be entitled to compassionate leave as follows: 20.1 Within Victoria - leave of absence for the purpose of attending the funeral. Such leave shall be paid leave for a period not exceeding the number of hours worked by the employee in three (3) days of their contracted work roster. 20.2 Outside Victoria - leave of absence for seven (7) calendar days (of which only three (3) days shall be paid) for the purpose of attending the funeral. 20.3 Outside Australia - leave of absence for thirty (30) calendar days (of which only three (3) days shall be paid) for the purpose of attending the funeral. Documentation shall be provided by the employee, at the request of, and to the satisfaction of, the Company. This clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purposes of this clause the words "wife" and "husband" shall include a wife or husband from whom the employee is separated and shall include a person who lives with the employee as a de facto wife, husband or spouse. Defacto partner means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same gender or different genders). Significant Other means a close friend or relative of an employee not listed above. 20.4 An employee on compassionate leave will be paid the employee's Base Hourly Rate of Pay plus applicable shift loadings according to the employee's contracted work roster. 21. LONG SERVICE LEAVE Employees are entitled to Long Service Leave in accordance with the provisions of the relevant legislation. At the time of this Agreement, the relevant legislation is the Long Service Leave Act 1992 (VIC). The Company will offer access to pro rata Long Service Leave after ten (10) years service. 22. WORKERS' COMPENSATION & ACCIDENT MAKE-UP PAY The entitlement of an employee to workers' compensation shall be as described in the provisions of the relevant State Legislation. As at the date of this Agreement, the relevant legislation is the Accident Compensation Act 1985 (VIC). Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 32
Accident make-up pay is a payment of an amount equivalent to the difference between the
amount the employee receives for workers' compensation and the employee's Base Hourly
Rate of Pay for their weekly contracted work roster including any applicable shift loadings.
Accident make-up pay is payable for a maximum of period or aggregate of periods of fifty-two
(52) calendar weeks for any one injury. For the purposes of this sub clause any absence during a
week shall constitute a week's make up pay entitlement.
The provisions of this clause shall not apply in respect of any injury during the first ten ( 1 OJ normal
working days of incapacity. An employee shall not be entitled to payment of accident make-up
pay in respect of any period of other paid leave or absence.
For all employees (full time, part time and casual (directly or indirectly engaged) pre-injury
entitlements are calculated for the twelve (12) months prior to the date of injury. Accident
make-up pay is calculated over the four (4) weeks prior to the date of injury. If the make-up pay
calculation is higher than the pre-injury calculation, an employee will be entitled to payment at
the higher rate.
23. PARENTAL LEAVE
An employee is entitled to unpaid parental leave in accordance with the FW Act.
Where the Company's policy on parental leave provisions exceed those contained in the FW
Act and this clause, the Company policy provisions shall apply as amended from time to time.
The Company will pay for the first three (3) days paternity leave after the birth of any child. An
employee on paid paternity leave will be paid the employee's Base Hourly Rate of Pay plus
applicable shift loadings according to the employee's contracted work roster.
· The provisions of this clause are separate from any entitlement an employee may have under
any government scheme regarding paid parental leave. The terms of any such scheme is not
incorporated into this Agreement.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page 1 33
Accident make-up pay is a payment of an amount equivalent to the difference between the amount the employee receives for workers' compensation and the employee's Base Hourly Rate of Pay for their weekly contracted work roster including any applicable shift loadings. Accident make-up pay is payable for a maximum of period or aggregate of periods of fifty-two (52) calendar weeks for any one injury. For the purposes of this sub clause any absence during a week shall constitute a week's make up pay entitlement. The provisions of this clause shall not apply in respect of any injury during the first ten (10) normal working days of incapacity. An employee shall not be entitled to payment of accident make-up pay in respect of any period of other paid leave or absence. For all employees (full time, part time and casual (directly or indirectly engaged) pre-injury entitlements are calculated for the twelve (12) months prior to the date of injury. Accident make-up pay is calculated over the four (4) weeks prior to the date of injury. If the make-up pay calculation is higher than the pre-injury calculation, an employee will be entitled to payment at the higher rate. 23. PARENTAL LEAVE An employee is entitled to unpaid parental leave in accordance with the FW Act. Where the Company's policy on parental leave provisions exceed those contained in the FW Act and this clause, the Company policy provisions shall apply as amended from time to time. The Company will pay for the first three (3) days paternity leave after the birth of any child. An employee on paid paternity leave will be paid the employee's Base Hourly Rate of Pay plus applicable shift loadings according to the employee's contracted work roster. . The provisions of this clause are separate from any entitlement an employee may have under any government scheme regarding paid parental leave. The terms of any such scheme is not incorporated into this Agreement. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 33
24. GENERAL PERFORMANCE AND REHABILITATION PROGRAMME (GPRP)
24. 1 The Programme
This programme is designed to be a process for ensuring an employee's satisfactory job
performance.
The intent of this process is to approach individuals with job performance problems in a mature,
non-threatening manner. The focus is on ensuring the individual knows the expected standards,
why they exist and understand how to meet those standards during a future review period. The
review periods will be based on calendar time, with any absences extending the review period,
by the cumulative total of the time absences.
24.2 The Process
The manager, upon deciding an employee may need to enter the programme will inform the
employee. The employee will be offered, and can elect, to have an employee
representative(s) which may include a delegate and/or Union official with them, during the
GPRP steps.
The process will be:
Step 1: Written counselling and training.
Step 2: Written reminder of performance standards and action plan.
Step 3: Final counseling
Step 1: Written counselling and training:
Instructing the individual of the expected standards required and soliciting feed back to ensure
it is understood. The manager will provide whatever information or training the individual
needs.
An individual will remain on Step 1 of the programme for a period of three (3) months. If after
the expiry of that period of time no performance problems are encountered the individual will
be removed from the programme.
If performance problems are encountered during the three (3)-month review period, the
employee will then proceed to the next step.
Step 2: Written reminder of performance standards and action plan.
During this discussion, the individual will be advised performance is not satisfactory and advised
of expected standards.
Discussions will take place with the manager emphasising the seriousness of the matter. Further
emphasis is on "why" the standard exists, the individual's failure to meet the standard and
gaining the individual's agreement to solve the problem(s).
An action plan is devised to eliminate the gap between actual and desired performance. The
action plan is documented in a written reminder letter.
The individual will remain on Step 2 of the programme for a period of six (6) months. If after the
expiry of that period of time no performance problems are encountered, the individual will be
removed from the programme.
If performance problem(s) are encountered during this six (6)-month review period then the
individual will proceed to the next step.
Step 3: Final Counselling
If the previous steps fail to produce the appropriate changes, the individual is to be given a
final counselling to document an action plan and will stipulate that any further performance
problems within a nine (9)-month period of review may result in termination of employment.
If at the expiry of that period of time no performance problems are encountered the individual
will be removed from the programme. (*the review periods mentioned above relate to worked
time only)
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 34
24. GENERAL PERFORMANCE AND REHABILITATION PROGRAMME (GPRP) 24.1 The Programme This programme is designed to be a process for ensuring an employee's satisfactory job performance. The intent of this process is to approach individuals with job performance problems in a mature, non-threatening manner. The focus is on ensuring the individual knows the expected standards, why they exist and understand how to meet those standards during a future review period. The review periods will be based on calendar time, with any absences extending the review period, by the cumulative total of the time absences. 24.2 The Process The manager, upon deciding an employee may need to enter the programme will inform the employee. The employee will be offered, and can elect, to have an employee representative(s) which may include a delegate and/or Union official with them, during the GPRP steps. The process will be: Step 1: Written counselling and training. Step 2: Written reminder of performance standards and action plan. Step 3: Final counseling Step 1: Written counselling and training: Instructing the individual of the expected standards required and soliciting feed back to ensure it is understood. The manager will provide whatever information or training the individual needs. An individual will remain on Step 1 of the programme for a period of three (3) months. If after the expiry of that period of time no performance problems are encountered the individual will be removed from the programme. If performance problems are encountered during the three (3)-month review period, the employee will then proceed to the next step. Step 2: Written reminder of performance standards and action plan. During this discussion, the individual will be advised performance is not satisfactory and advised of expected standards. Discussions will take place with the manager emphasising the seriousness of the matter. Further emphasis is on "why" the standard exists, the individual's failure to meet the standard and gaining the individual's agreement to solve the problem(s). An action plan is devised to eliminate the gap between actual and desired performance. The action plan is documented in a written reminder letter. The individual will remain on Step 2 of the programme for a period of six (6) months. If after the expiry of that period of time no performance problems are encountered, the individual will be removed from the programme. If performance problem(s) are encountered during this six (6)-month review period then the individual will proceed to the next step. Step 3: Final Counselling If the previous steps fail to produce the appropriate changes, the individual is to be given a final counselling to document an action plan and will stipulate that any further performance problems within a nine (9)-month period of review may result in termination of employment. If at the expiry of that period of time no performance problems are encountered the individual will be removed from the programme. (*the review periods mentioned above relate to worked time only) Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 34
25. NO EXTRA CLAIMS
It is a term of this Agreement that the Company, the Union and employees undertake, for the
duration of this Agreement, not to pursue any extra claims.
26. UNION RECOGNITION
(a) An authorised Union representative (Official) is entitled to enter the premises, provided
the representative does not interfere unreasonably with the Company's business, for
the following purposes:
• Induction of new members (at a time agreed with the Company);
Involvement under the disputes procedure of this Agreement if requested by
an employee.
G.P.R.P Process
(b) The purposes in clause (a) are separate from right of entry under the FW Act to
investigate suspected contraventions or to hold discussions with employees.
(c) Rights in this agreem~nt that relate to union representation, freedom of association and
disciplinary matters apply equally to workers who are indirectly engaged by the
company to perform work that is covered by this agreement.
(d) Elected delegates of the Union will be recognised by the Company in their role of
employee representative and, as such, delegates will be afforded time to participate
in consultative mechanisms established by the Company both onsite and offsite
meetings, including the JCC and to represent legitimate employee concerns as per the
provisions of the disputes procedure (if an employee so chooses). Delegates must,
however, acknowledge their primary responsibility is to perform the job functions within
their classification. Howev~r, delegates will be permitted such reasonable time to
discuss matters with employees and necessary company representatives.
(e) The Company will provide delegates with adequate paid time to meet with new
employees (whether direct or indirect employees) at the time of induction for the
purpose of introducing and explaining this Agreement and union matters. In cases
where new employees are not introduced to the Union at the time of induction, the
delegate(s) and Logistics Manager and/or Human Resources Manager will agree
alternate arrangements that permit delegate access to the new employees for that
purpose.
(f) The Company will provide each delegate with up to six (6) days paid leave per annum
(non-cumulative) or further amounts by mutual agreement for the purpose of elected
delegates attending Union training programs. The training days are an MRDC
allocation and the Union and/or delegates will determine access for the elected
delegate group. Such training will not take place during the Company's peak
operating periods leading up to Christmas and Easter. Delegates may attend training
at the same time as long as the operational requirements of the business are not
impacted.
(g) In order for a delegate to be eligible to receive payment while attending training the
Union must provide the Company with at least 28 days notice in writing of the training.
Payment will be made at the delegate's base hourly rate of pay plus applicable shift
loading. The Company will not be responsible for any costs incurred by delegates in the
course of attendance at such training programs (eg; fares, travel, excess hours, meals,
parking, etc).
(h) Delegates who by mutual agreement with the Company representative undertake
delegate duties (attendance at meetings, employee representation, JCC, etc) outside
their contracted work roster will receive, at the election of the delegate, either time off
in lieu on an "hour for hour" basis or paid overtime. The scheduling of time off is to be
arranged with the delegate's manager.
(i) Delegates will receive the transport allowance for the use of their own vehicle when
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 35
25. NO EXTRA CLAIMS It is a term of this Agreement that the Company, the Union and employees undertake, for the duration of this Agreement, not to pursue any extra claims. 26. UNION RECOGNITION (a) An authorised Union representative (Official) is entitled to enter the premises, provided the representative does not interfere unreasonably with the Company's business, for the following purposes: . Induction of new members (at a time agreed with the Company); Involvement under the disputes procedure of this Agreement if requested by an employee. G.P.R.P Process (b) The purposes in clause (a) are separate from right of entry under the FW Act to investigate suspected contraventions or to hold discussions with employees. (c) Rights in this agreement that relate to union representation, freedom of association and disciplinary matters apply equally to workers who are indirectly engaged by the company to perform work that is covered by this agreement. (d) Elected delegates of the Union will be recognised by the Company in their role of employee representative and, as such, delegates will be afforded time to participate in consultative mechanisms established by the Company both onsite and offsite meetings, including the JCC and to represent legitimate employee concerns as per the - provisions of the disputes procedure (if an employee so chooses). Delegates must, however, acknowledge their primary responsibility is to perform the job functions within. their classification. However, delegates will be permitted such reasonable time to discuss matters with employees and necessary company representatives. (e) The Company will provide delegates with adequate paid time to meet with new employees (whether direct or indirect employees) at the time of induction for the purpose of introducing and explaining this Agreement and union matters. In cases where new employees are not introduced to the Union at the time of induction, the delegate(s) and Logistics Manager and/or Human Resources Manager will agree alternate arrangements that permit delegate access to the new employees for that purpose. (f) The Company will provide each delegate with up to six (6) days paid leave per annum (non-cumulative) or further amounts by mutual agreement for the purpose of elected delegates attending Union training programs. The training days are an MRDC allocation and the Union and/or delegates will determine access for the elected delegate group. Such training will not take place during the Company's peak operating periods leading up to Christmas and Easter. Delegates may attend training at the same time as long as the operational requirements of the business are not impacted. (g) In order for a delegate to be eligible to receive payment while attending training the Union must provide the Company with at least 28 days notice in writing of the training. Payment will be made at the delegate's base hourly rate of pay plus applicable shift loading. The Company will not be responsible for any costs incurred by delegates in the course of attendance at such training programs (eg; fares, travel, excess hours, meals, parking, etc). (h) Delegates who by mutual agreement with the Company representative undertake delegate duties (attendance at meetings, employee representation, JCC, etc) outside their contracted work roster will receive, at the election of the delegate, either time off in lieu on an "hour for hour" basis or paid overtime. The scheduling of time off is to be arranged with the delegate's manager. (i) Delegates will receive the transport allowance for the use of their own vehicle when Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 35
attending management-authorised meetings off-site. The transport allowance will
apply to the kilometers traveled in excess of the normal home-work-home journey.
(j) Administration of membership fees:
Where written authority is provided by the employee, the Company will deduct union
membership fees from the employee's wages or salary and remit them, along with a
schedule of such contributions, to the union at monthly intervals.
Where an employee authorises the Company to do so, the Company will within 14
days send to the union such details as are necessary to permit the establishment of a
direct debit arrangement for the payment of the employee's member union dues. This
authority may take the form of a union membership card completed by the employee
authorising the release of such details.
27. STAND-DOWN PROCEDURE
The Company may deduct payment for any part of a day during which an employee cannot
usefully be employed because of any strike, breakdown of machinery or any stoppage of work
for any cause for which the Company cannot reasonably be held responsible. This does not
break the continuity of employment of the employee for the purpose of any entitlements.
The Company shall give a minimum of twenty-four (24) hours notice of its intention to stand-
down to both the union and the employees. ·
28. SAFETY fOOTWEAR AND PPE
28.1 Provision for Safety Footwear
The Company must provide all employees with safety footwear. This footwear will be replaced
on a fair wear and tear basis. Employees issued with safety footwear must wear such footwear
whilst at work. Safety footwear remains the property of the Company.
If an employee is unable to wear company issued footwear, a medical certificate must be
provided to that effect, but must hevertheless wear footwear that complies with safety
standards. If such employees purchase their own safety footwear, the company will reimburse
the employee to the value of a standard pair of company issued safety footwear, or the value
of the employee purchased footwear, whichever is the lesser amount.
28.2 Provision of PPE
(a) On commencement of employment, the Company will provide permanent employees
with:
(i)
(ii)
(iii)
Two (2) protective shirts;
One (1) protective jumper;
One(1)JacketorVe~
These items will be replaced on a fair wear and tear basis.
(b) Wet Weather Plastics:
The Company will make available wet weather plastics for employees directly working in
open and/or uncovered areas.
29. EMPLOYEE AMENITIES
The Company must provide employee amenities for the purpose of rest pauses/meal breaks.
The Company must also provide boiling water for use by employees, lockers for each
employee, seating accommodation and washing facilities.
The Company must provide a notice board that must be accessible to all employees. The
elected employee representative shall be permitted to put on the notice board, formal union
notices.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 36
attending management-authorised meetings off-site. The transport allowance will apply to the kilometers traveled in excess of the normal home-work-home journey. Administration of membership fees: Where written authority is provided by the employee, the Company will deduct union membership fees from the employee's wages or salary and remit them, along with a schedule of such contributions, to the union at monthly intervals. Where an employee authorises the Company to do so, the Company will within 14 days send to the union such details as are necessary to permit the establishment of a direct debit arrangement for the payment of the employee's member union dues. This authority may take the form of a union membership card completed by the employee authorising the release of such details. 27. STAND-DOWN PROCEDURE The Company may deduct payment for any part of a day during which an employee cannot usefully be employed because of any strike, breakdown of machinery or any stoppage of work for any cause for which the Company cannot reasonably be held responsible. This does not break the continuity of employment of the employee for the purpose of any entitlements. The Company shall give a minimum of twenty-four (24) hours notice of its intention to stand- down to both the union and the employees. 28. SAFETY FOOTWEAR AND PPE 28.1 Provision for Safety Footwear The Company must provide all employees with safety footwear. This footwear will be replaced on a fair wear and tear basis. Employees issued with safety footwear must wear such footwear whilst at work. Safety footwear remains the property of the Company. If an employee is unable to wear company issued footwear, a medical certificate must be provided to that effect, but must nevertheless wear footwear that complies with safety standards. If such employees purchase their own safety footwear, the company will reimburse the employee to the value of a standard pair of company issued safety footwear, or the value of the employee purchased footwear, whichever is the lesser amount. 28.2 Provision of PPE (a) On commencement of employment, the Company will provide permanent employees with: (i) Two (2) protective shirts; One (1) protective jumper; (iii) One (1) Jacket or Vest These items will be replaced on a fair wear and tear basis. (b) Wet Weather Plastics: The Company will make available wet weather plastics for employees directly working in open and/or uncovered areas 29. EMPLOYEE AMENITIES The Company must provide employee amenities for the purpose of rest pauses/meal breaks. The Company must also provide boiling water for use by employees, lockers for each employee, seating accommodation and washing facilities. The Company must provide a notice board that must be accessible to all employees. The elected employee representative shall be permitted to put on the notice board, formal union notices. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 36
The Company must provide coffee, tea, milk and sugar in the employees' amenities qrea.
30. DAYLIGHT SAVINGS
Notwithstanding anything contained elsewhere in this Agreement, the length of any shift:
(a) Commencing before 2 am standard time on the Sunday of the commencement of
daylight savings each year and ending thereafter;
(b) Commencing on or before 2 am standard time on the Sunday of the ceasing of daylight
savings in each year and ending thereafter;
shall be deemed to be the number of hours represented by the difference between the time
recorded by the clock at the beginning of the shift and the time so recorded at the end of
thereof, the time of the clock in each case to be set to the time fixed pursuant to the
applicable legislation.
The expression "standard time" means time within the meaning of the applicable legislation.
31. INTRODUCTION OF MAJOR CHANGE
31.1 Where the Company has made a definite decision to introduce major changes in production,
program, organisation, structure, technology or changes to the regular rosters or ordinary hours
of work that are likely to have significant effects on employees, the Company shall notify the
employees who may be affected by the changes and the union or unions and any nominated
employee representatives and union officials
"Significant effects" include termination of employment, major changes in the composition,
operation or size of the Company's workforce or in the skills required; the elimination or
diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of
work; the need for retraining or transfer of employees to other work or locations, and the
restructuring of jobs. Provided that where the Agreement makes provisions for alteration of any
of the matters referred to herein an alteration shall be deemed not to have significant effect.
31.2 Company's duty to discuss change
(a) The Company shall discuss with the employees affected and the union official(s) and any
nominated employee representatives, the introduction of the changes referred to in sub
clause 1 hereof, the effects the changes are likely to have on employees, measures to
avert or to mitigate the adverse effects of such changes on employees and shall give
prompt consideration to matters raised by the employees and/or the union in relation to
the changes.
(b) The discussion shall commence as early as practicable after a definite decision has been
made by the Company to make the changes referred to in sub-clause 1 hereof.
(c) For the purpose of such discussion, the Company shall provide in writing to the employees
concerned and the union official(s) and any nominated employee representatives, all
relevant information about the changes including the nature of the changes, the
expected effects of the changes on employees and any other matters likely to affect
employees provided the Company shall not be required to disclose confidential or
commercially sensitive information the disclosure of which would be contrary to the
Company's interests.
32. EQUITY
The Company and all employees are committed to exhibiting the attitudes and behaviors' that
reflect the core Company value of equity and to the maintenance of an equitable workplace.
Equity means a 'fair go' for everyone in our workplace, our fellow employees, our customers and
the Company. The principles underpinning equity are:
• Treating each other with respect and dignity.
• Making judgments genuinely based on fairness and merit.
• Valuing the difference and diversity of people.
• Eliminating artificial, unfair and inappropriate barriers, providing appropriate means to
address discrimination and harassment and looking at opportunities for flexibility when
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 37
The Company must provide coffee, tea, milk and sugar in the employees' amenities area. 30. DAYLIGHT SAVINGS Notwithstanding anything contained elsewhere in this Agreement, the length of any shift: (a) Commencing before 2 am standard time on the Sunday of the commencement of daylight savings each year and ending thereafter; (b) Commencing on or before 2 am standard time on the Sunday of the ceasing of daylight savings in each year and ending thereafter; shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of thereof, the time of the clock in each case to be set to the time fixed pursuant to the applicable legislation. The expression "standard time" means time within the meaning of the applicable legislation. 31. INTRODUCTION OF MAJOR CHANGE 31.1 Where the Company has made a definite decision to introduce major changes in production, program, organisation, structure, technology or changes to the regular rosters or ordinary hours of work that are likely to have significant effects on employees, the Company shall notify the employees who may be affected by the changes and the union or unions and any nominated employee representatives and union officials "Significant effects" include termination of employment, major changes in the composition, operation or size of the Company's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations, and the restructuring of jobs. Provided that where the Agreement makes provisions for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 31.2 Company's duty to discuss change (a) The Company shall discuss with the employees affected and the union official(s) and any nominated employee representatives, the introduction of the changes referred to in sub- clause 1 hereof, the effects the changes are likely to have on employees, measures to avert or to mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes. (b) The discussion shall commence as early as practicable after a definite decision has been made by the Company to make the changes referred to in sub-clause 1 hereof. U ) For the purpose of such discussion, the Company shall provide in writing to the employees concerned and the union official(s) and any nominated employee representatives, all relevant information about the changes including the nature of the changes, the expected effects of the changes on employees and any other matters likely to affect employees provided the Company shall not be required to disclose confidential or commercially sensitive information the disclosure of which would be contrary to the Company's interests. 32. EQUITY The Company and all employees are committed to exhibiting the attitudes and behaviors' that reflect the core Company value of equity and to the maintenance of an equitable workplace. Equity means a 'fair go' for everyone in our workplace, our fellow employees, our customers and the Company. The principles underpinning equity are: Treating each other with respect and dignity. . . Making judgments genuinely based on fairness and merit. Valuing the difference and diversity of people . . . Eliminating artificial, unfair and inappropriate barriers, providing appropriate means to address discrimination and harassment and looking at opportunities for flexibility when Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 37
meeting Company requirements consistent with the Agreement.
33. MULTI SKILLING AND ROTATION
To facilitate flexibility in the allocation of work tasks, to encourage multi-skilling to provide variety
& diversity in work roles & functions, and to maintain a high quality standard, team members,
based on skill matrix, will be rotated across the range of work tasks within the DC .
The DC will continually monitor how team member's job rotation is working and make
adjustments as necessary.
The parties are committed to continual improvement in rotation of tasks, taking into account:-
" Employment Status
" Length of Service
" Fair & equitable allocation of tasks
.. Multi-skilling & business needs/changes
.. Training
and will implement a review Committee.
The Committee will consist of 2 delegates, 2 HSRs, 2 Nominated rank & file members the Labour
Planning Manager, Shift Operations Manager & Operations Manager.
The Committee will meet monthly to:-
• Continually review work practices
" Planning and Implementation of changes
" Assessments of results
(No meetings would be held over December/January period due to seasonal workloads)
34. COMPANY POLICIES
Where this Agreement refers to company policy, it is for reference purposes only as the policies
exist outside this Agreement and are not incorporated into this Agreement.
Where the company implements new policies that provide a greater benefit to employees than
what is in this agreement, the company will ensure these entitlements are recognised and
implemented.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 38
meeting Company requirements consistent with the Agreement. 33. MULTI SKILLING AND ROTATION To facilitate flexibility in the allocation of work tasks, to encourage multi-skilling to provide variety & diversity in work roles & functions, and to maintain a high quality standard, team members, based on skill matrix, will be rotated across the range of work tasks within the DC The DC will continually monitor how team member's job rotation is working and make adjustments as necessary. The parties are committed to continual improvement in rotation of tasks, taking into account :- Employment Status · Length of Service · Fair & equitable allocation of tasks Multi-skilling & business needs/changes Training and will implement a review Committee. The Committee will consist of 2 delegates, 2 HSRs, 2 Nominated rank & file members the Labour Planning Manager, Shift Operations Manager & Operations Manager. The Committee will meet monthly to :- Continually review work practices Planning and Implementation of changes .Assessments of results (No meetings would be held over December/January period due to seasonal workloads) 34. COMPANY POLICIES Where this Agreement refers to company policy, it is for reference purposes only as the policies exist outside this Agreement and are not incorporated into this Agreement. Where the company implements new policies that provide a greater benefit to employees than what is in this agreement, the company will ensure these entitlements are recognised and implemented. Melboume Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 38
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 39
35. SIGNATURES
Signed rO¥ and on beholr of Queensland Property Investments Ply Ltd, 120 Norlhcorp Boulevard,
Broodmeodows. V Iorio by ils authorised represent alive:
Position: Supply Chain Manager · MRDC
Duly authorised to sign on behalf of the Company
Date: ;)Q /_\ _ ! .!_!
Slgnod for and on behalf of the Naflonal Union of Workers. 833 Bourke Street, Docklonds,
Vlcfol1a by Its oulhOf'ised ~presentative:
!Print Name:~'~
Dote: J.::, I _t_ I ~S
Signed for and on behalf of Queensland Property Investments Pty Ltd, 120 Northcorp Boulevard, Broadmeadows, Victoria by its authorised representative: Print Name: GARY STANNARD Position: Supply Chain Manager - MRDC Duly authorised to sign on behalf of the Company Date: 22/1/18 Signed for and on behalf of the National Union of Workers, 833 Bourke Street, Docklands, Victoria by its authorised representative: {Print Name: Gary Maas Victorian Branch Secretary) Date: 23/1/2018
Appendix A: MRDC Redundancy, Redeployment, Transition to Closure &
Support Services
1.1. The closure of the MRDC is a unique circumstance and the parties agree that, in consideration of
the pending total closure of the site, the following terms and conditions in relation to redundancy,
redeployment and closure are to apply~ to all employees from the commencement of this
agreement to the total closure of the site. Redundancy Payment Package
1.2. Basis for calculating redundancy pay
1.2.1 . If an employee is retrenched on or after 27th August 2018 but before 2 September 2019, ,
the wage rate specified in clause 3.1 to commence on 2 September 2019 will be taken
to be the employee's rate of pay for the purposes of their redundancy package
calculations on retrenchment.
1.2.2. For the purposes of calculating an employee's redundancy payments as described in
clause 1.3 below, the employee's "Weeks' ordinary pay" will be used. For the purposes of
this clause, weeks' ordinary pay means:
1.2.2.1. For all full time employees, this is the hourly wage rate for their Level (as
provided for by clause 3.1) for working their contracted work roster per week
(unaffected by any Temporary Contract entered into), (including all shift
loadings and weekend premiums) (38 hours per week) For all part time
employees, this is the hourly wage rate for their Level (as provided for by
clause 3.1) for working their contracted work roster per week (unaffected by
any Temporary Contract entered into),-and includes the average number of
flex-up hours worked over the 12 months prior to their retrenchment, inclusive
of shift penalties and Saturday and/or Sunday shift premiums ordinarily
received, up to a maximum of 38 hours per week.
1.3. Redundancy Payment
In addition to the period of notice prescribed under this Agreement for ordinary termination, the
Company shall pay the following severance payment in respect of employees whose employment
is terminated due to redundancy:
1.3.1. Five (5) weeks' ordinary pay for each year of continuous service, or part thereof (where in
excess of one (1) year's service), up to a maximum of fifty-two (52) weeks;
1.3.1.1. Plus an additional Site Closure Redundancy Payment (applicable for those
employees who reach the 52-week cap (ie. more than 10 years' service) of a
further 5 weeks' ordinary pay per completed year of service or part thereof, up
to a maximum payment cap of an additional 30 weeks' ordinary pay.
1.3.1.2. Employees who have less than one (1) year's service shall receive two (2)
weeks' ordinary pay as a severance payment.
1.3.2. For clarity, the payments under clause 1.3.1 and clause 1.3.1.1 are cumulative, meaning
that the absolute maximum payment any employee may receive under this provision is
82 weeks' Ordinary Pay as demonstrated in the table below.
1.3.3. To be eligible for the Transition to Closure Payment, the employee must have achieved
the above years of completed service or part thereof with the Company as at their date
of their retrenchment. For any full time or part time team members who were formerly
casuals directly employed by the Company, any years of casual service immediately
prior to becoming full time or part time shall be included for the purposes of calculating
total years of service.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 40
Appendix A: MRDC Redundancy, Redeployment, Transition to Closure & Support Services 1.1. The closure of the MRDC is a unique circumstance and the parties agree that, in consideration of the pending total closure of the site, the following terms and conditions in relation to redundancy, redeployment and closure are to apply- to all employees from the commencement of this agreement to the total closure of the site. Redundancy Payment Package 1.2. Basis for calculating redundancy pay 1.2.1. If an employee is retrenched on or after 27th August 2018 but before 2 September 2019, , the wage rate specified in clause 3.1 to commence on 2 September 2019 will be taken to be the employee's rate of pay for the purposes of their redundancy package calculations on retrenchment. 1.2.2. For the purposes of calculating an employee's redundancy payments as described in clause 1.3 below, the employee's "Weeks' ordinary pay" will be used. For the purposes of this clause, weeks' ordinary pay means: 1.2.2.1. For all full time employees, this is the hourly wage rate for their Level (as provided for by clause 3.1) for working their contracted work roster per week (unaffected by any Temporary Contract entered into), (including all shift loadings and weekend premiums) (38 hours per week) For all part time employees, this is the hourly wage rate for their Level (as provided for by clause 3.1) for working their contracted work roster per week (unaffected by any Temporary Contract entered into) ,- and includes the average number of flex-up hours worked over the 12 months prior to their retrenchment, inclusive of shift penalties and Saturday and/or Sunday shift premiums ordinarily received, up to a maximum of 38 hours per week. 1.3. Redundancy Payment In addition to the period of notice prescribed under this Agreement for ordinary termination, the Company shall pay the following severance payment in respect of employees whose employment is terminated due to redundancy: 1.3.1. Five (5) weeks' ordinary pay for each year of continuous service, or part thereof (where in excess of one (1) year's service), up to a maximum of fifty-two (52) weeks; 1.3.1.1. Plus an additional Site Closure Redundancy Payment (applicable for those employees who reach the 52-week cap (ie. more than 10 years' service) of a further 5 weeks' ordinary pay per completed year of service or part thereof, up to a maximum payment cap of an additional 30 weeks' ordinary pay. 1.3.1.2. Employees who have less than one (1) year's service shall receive two (2) weeks' ordinary pay as a severance payment. 1.3.2. For clarity, the payments under clause 1.3.1 and clause 1.3.1.1 are cumulative, meaning that the absolute maximum payment any employee may receive under this provision is 82 weeks' Ordinary Pay as demonstrated in the table below. 1.3.3. To be eligible for the Transition to Closure Payment, the employee must have achieved the above years of completed service or part thereof with the Company as at their date of their retrenchment. For any full time or part time team members who were formerly casuals directly employed by the Company, any years of casual service immediately prior to becoming full time or part time shall be included for the purposes of calculating total years of service. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 40
Completed Years of Severance Payment Site Closure Payment Total Payment
Service or Part Max. Weeks of Max. Weeks of Max. Weeks of
Thereof ordinary pary Ordinary Pay ordinary Pay
1 5 - 5
2 10 - 10
3 15 - 15
4 20 - 20
5 25 - 25
6 30 - 30
7 35 - 35
8 40 - 40
9 45 - 45
10 50 - 50
11 52 5 57
12 52 10 62
13 52 15 67
14 52 20 72
15 52 25 77
16 52 30 82
17 and over 52 30 82
1.4. Transition to Closure Payment
1.4.1. In addition to the severance Payment above, in recognition of the long service of full
time and part time employees with 17 (or more) completed years of service or part
thereof, the following "Transition to Closure Payment" will also apply:
Completed Years of
Service or part thereof
17 years
18 years
19 years
20 and over
Transition to Closure Payment
Full time: $4,350
(based on 3 "weeks" wages at flat rate of $1,450 per week)
Part time: $2,190
(based on 3 "weeks" wages at flat rate of $730 per week)
Full time: $11,600
(based on 8 "weeks" wages at flat rate of $1,450 per week)
Part time: $5,840
(based on 8 "weeks" wages at flat rate of $730 per week)
Full time: $18,850
(based on 13 "weeks" wages at flat rate of $1 ,450 per week)
Part time: $9,490
(based on 13 "weeks" wages at flat rate of $730 per week)
Full time: $26,100
(based on 18 "weeks" wages at flat rate of $1 ,450 per week)
Pdrt time: $13,140
(based on 18 "weeks" wages at flat rate of $730 per week)
As part of any severance payment all accrued annual leave will include the applicable shift
loading, weekend premiums and annual leave loading paid as per the employee's contracted
work roster (unaffected by any Temporary Contract entered into).
In relation to Long Service Leave, employees will receive their accrued long service leave
payment in line with Victorian State legislation. That is, all LSL will be paid at the base hourly rate
of pay.
However, in recognition of the unique circumstances associated with the MRDC transition and
closure, eligible employees will also have their shift/weekend premium loadings paid as part of
any accrued LSL payment made on redundancy.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 41
Completed Years of Severance Payment Site Closure Payment Total Payment Service or Part Max. Weeks of Max. Weeks of Max. Weeks of Thereof ordinary pary Ordinary Pay ordinary Pay 1 5 5 2 10 10 1 3 15 15 1 4 20 20 - 5 25 - 25 6 30 - 30 7 35 - 35 8 40 .. - 40 9 45 45 - 10 50 50 11 52 5 57 12 52 10 62 13 52 15 . 67 14 52 20 72 15 52 25 77 16 52 30 82 17 and over 52 30 82 1.4. Transition to Closure Payment 1.4.1. In addition to the severance Payment above, in recognition of the long service of full time and part time employees with 17 (or more) completed years of service or part thereof, the following "Transition to Closure Payment" will also apply: Completed Years of Transition to Closure Payment Service or part thereof Full time: $4,350 17 years (based on 3 "weeks" wages at flat rate of $1,450 per week) Part time: $2,190 (based on 3 "weeks" wages at flat rate of $730 per week) .. Full time: $11,600 18 years (based on 8 "weeks" wages at flat rate of $1,450 per week) Part time: $5,840 (based on 8 "weeks" wages at flat rate of $730 per week) Full time: $18,850 19 years (based on 13 "weeks" wages at flat rate of $1,450 per week) Part time: $9,490 (based on 13 "weeks" wages at flat rate of $730 per week) Full time: $26,100 20 and over (based on 18 "weeks" wages at flat rate of $1,450 per week) Part time: $13,140 (based on 18 "weeks" wages at flat rate of $730 per week) As part of any severance payment all accrued annual leave will include the applicable shift loading, weekend premiums and annual leave loading paid as per the employee's contracted work roster (unaffected by any Temporary Contract entered into). In relation to Long Service Leave, employees will receive their accrued long service leave payment in line with Victorian State legislation. That is, all LSL will be paid at the base hourly rate of pay. However, in recognition of the unique circumstances associated with the MRDC transition and closure, eligible employees will also have their shift/weekend premium loadings paid as part of any accrued LSL payment made on redundancy. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 41
This additional payment will be paid as a dollar amount equal to the value of the shift/weekend
premium loading that the employee would have received as part of their contracted work roster.
For example, where the eligible employee has 1 0 weeks of LSL accrual at the time of their
retrenchment, they will receive a payment of: 1 0 weeks LSL at 1 00% of the base hourly rate of pay
plus an additional flat dollar payment equal to their shift/weekend premium. This dollar amount
will be added to the severance component of the retrenchment package.
For the above LSL payment purposes, an eligible employee is defined as an employee who works
shift work (afternoon/night or weekend) at the time of their redundancy or worked shift work
(afternoon/night or weekend) at any time on or after 21 November 2017.
1.5. Casual Employees
1 .5.1. Casual employees whose engagements are ceased as a result of the MRDC Closure shall
be paid a "Casual Closure Payment" of $1,000 per completed year of service or part
thereof, up to a maximum cap of $5,000 per person.
1.5.2. This payment will be considered a bona-fide retrenchment payment.
1 .5.3. This clause and the Casual Closure Payment do not apply to any third party, labour hire or
agency casuals, only to casual employees who are directly employed by the Company.
1.6. Wish Cards
1.6.1. All directly employed full-time, part-time and casual employees shall receive one
Woolworths Wish Card to the value of $225 per year as follows:
1.6.1.1. All employees who are employed on 1 September 2017 shall receive one Wish
Card on 1 December 2017; and
1 .6.1.2. All employees who are employed on 1 September 2018 shall receive one Wish
Card on 1 December2018; and
1 .6.1.3. All employees who are employed on 1 September 2019 shall receive one Wish
Card on 1 December 2019
1.6.1.4. All employees will also be entitled to a further Wish Card to the Value of $225 as
part of any retrenchment package.
1.7. Extension of Company People Discount Card
1.7.1. All directly employed full-time, part-time and Casual employees who have less than 15
years' service at the time of their retrenchment, will have their Company People Discount
Card remain valid for 12 months after the date of the MRDC site closure;
1.7.2. All directly engaged full-time, part-time and Casual employees who have 15 or more
years of service at the time of their retrenchment, will have their entitlement to the
Company People Discount Card remain valid for life;
1.7.3. All directly engaged full-time, part-time and Casual employees who have achieved 20
years or more service at the time of their retrenchment, will be provided accelerated
membership to the Company 25 Year Club as well as receiving the Company people
discount card for life.
1.7.4. Entitlement to and use of the Company People Discount Card will at all times be subject
to the terms and conditions of the Woolworths People Discount Card Policy as amended
from time to time.
1.8. Uniforms/PPE
All employees will be eligible to retain their own company issued uniform (clothing, safety
footwear and PPE) in the event that they are retrenched or redeployed as part of the site
transition to closure.
2. Redundancy Process and Procedure
2.1. Expression of Interest (EOI) for departure prior to closure:
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 42
This additional payment will be paid as a dollar amount equal to the value of the shift/weekend premium loading that the employee would have received as part of their contracted work roster. For example, where the eligible employee has 10 weeks of LSL accrual at the time of their retrenchment, they will receive a payment of: 10 weeks LSL at 100% of the base hourly rate of pay plus an additional flat dollar payment equal to their shift/weekend premium. This dollar amount will be added to the severance component of the retrenchment package. For the above LSL payment purposes, an eligible employee is defined as an employee who works shift work (afternoon/night or weekend) at the time of their redundancy or worked shift work (afternoon/night or weekend) at any time on or after 21 November 2017. 1.5. Casual Employees 1.5.1. Casual employees whose engagements are ceased as a result of the MRDC Closure shall be paid a "Casual Closure Payment" of $1,000 per completed year of service or part thereof, up to a maximum cap of $5,000 per person. 1.5.2. This payment will be considered a bona-fide retrenchment payment. 1.5.3. This clause and the Casual Closure Payment do not apply to any third party, labour hire or agency casuals, only to casual employees who are directly employed by the Company. 1.6. Wish Cards 1.6.1. All directly employed full-time, part-time and casual employees shall receive one Woolworths Wish Card to the value of $225 per year as follows: 1.6.1.1. All employees who are employed on 1 September 2017 shall receive one Wish Card on 1 December 2017; and 1.6.1.2. All employees who are employed on 1 September 2018 shall receive one Wish Card on 1 December 2018; and 1.6.1.3. All employees who are employed on 1 September 2019 shall receive one Wish Card on 1 December 2019 1.6.1.4. All employees will also be entitled to a further Wish Card to the Value of $225 as part of any retrenchment package. 1.7. Extension of Company People Discount Card 1.7.1. All directly employed full-time, part-time and Casual employees who have less than 15 years' service at the time of their retrenchment, will have their Company People Discount Card remain valid for 12 months after the date of the MRDC site closure; 1.7.2. All directly engaged full-time, part-time and Casual employees who have 15 or more years of service at the time of their retrenchment, will have their entitlement to the Company People Discount Card remain valid for life; 1.7.3. All directly engaged full-time, part-time and Casual employees who have achieved 20 years or more service at the time of their retrenchment, will be provided accelerated membership to the Company 25 Year Club as well as receiving the Company people discount card for life. 1.7.4. Entitlement to and use of the Company People Discount Card will at all times be subject to the terms and conditions of the Woolworths People Discount Card Policy as amended from time to time. 1.8. Uniforms/PPE All employees will be eligible to retain their own company issued uniform (clothing, safety footwear and PPE) in the event that they are retrenched or redeployed as part of the site transition to closure. 2. Redundancy Process and Procedure 2.1. Expression of Interest (EOI) for departure prior to closure: Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 42
1. Woolworths will establish a register for the purposes of allowing employees to express their
interest for a potential departure prior to closure. This will be known as the Expression of
interest for departure prior to closure (EO!)
2. Employees will be able to advise the Company of their EO! from the 1 March 2018.
3. When job closures are required prior to closure, Woolworths will in the first instance offer
compulsory redundancies from the this EO! register. Employees selected from the EO! register
for compulsory redundancies will be entitled to the full retrenchment benefits as set out in
the Agreement and Appendix A inclusive of the retention bonus (calculated up to the date
of their departure).
4. Whilst the employees name is on the EO! register he/she is advising the company they do
not wish to seek redeployment within the Woolworths group. Accordingly the company will
not seek to redeploy that employee, as currently required by the agreement.
5. When operational requirements result in a reduction in the number of positions at MRDC,
employees who are registered on the EO! register will be the first to be offered retrenchment
for redundancy purposes.
6. An employee who accepts retrenchment from the EO! register will be retrenched and paid
all redundancy -related payments, inclusive of the retention bonus (calculated up to the
date of their departure).
2.2. Access to "early redundancy"
From the commencement of this Agreement an employee may request access to an early
redundancy in the following limited circumstance;
• Death (to be paid to the employee's next of Kin)
• Serious or terminal illness
• Total and Permanent Disability
• Bona-fide Carers responsibilities (i.e. where an employee is required to give constant care to
someone who has a severe disability, illness or adult who is frail and old - definition from
federal DHS) With each case to be assessed and determined on its own merits.
• Three months prior to retirement, 65 and over
• Pregnancy
2.2.1. Any employee who is retrenched early pursuant to this clause 2.2 shall be entitled to
receive all relevant redundancy-related payments calculated up to the date of their
retrenchment except for the retention payment outlined in the Team Member Support
Package, which shall not apply.
2.3. Downsizing arrangements I Transition to closure
2.3.1. To limit the number of issues arising from the closure of the site the parties will agree to the
downsizing and transition to closure arrangements that are to apply, including temporary
contracts, shift changes to permanent rosters and maintenance of any penalties and
loadings. This process will be managed through the TCCC
2.3.2. The parties agree as the site transitions to closure and MRDC requires a reduced number
of positions to perform work because of changes in operational requirements, the
following process will apply:
a. Employees who have elected to leave the business through the Expression of
Interest for departure prior (EO!) to closure will be the first to be retrenched.
b. If the reduction in positions exceeds the number of volunteers for redundancy, then
agency-filled positions will be reduced;
c. If the reduction in positions exceeds the number of agency filled positions then
casual employee positions will be reduced;
d. If the reduction in positions exceeds the number of casual positions then permanent
part-time positions will be reduced.
e. If the reduction in positions exceeds the number of permanent part-time positions
then permanent full-time positions will be reduced.
f. Where the final decisions are required to be made on which permanent, full-time
staff to retain, this will be decided on the basis of tenure (with those with the longest
service being the last to go), subject to skills required and/or other factors as may be
required.
3. Seeking Employment, Redeployment and support
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 43
1. Woolworths will establish a register for the purposes of allowing employees to express their interest for a potential departure prior to closure. This will be known as the Expression of interest for departure prior to closure (EOI) 2. 3. Employees will be able to advise the Company of their EOI from the 1 March 2018. When job closures are required prior to closure, Woolworths will in the first instance offer compulsory redundancies from the this EOI register. Employees selected from the EOI register for compulsory redundancies will be entitled to the full retrenchment benefits as set out in the Agreement and Appendix A inclusive of the retention bonus (calculated up to the date of their departure). 4. Whilst the employees name is on the EOI register he/she is advising the company they do not wish to seek redeployment within the Woolworths group. Accordingly the company will not seek to redeploy that employee, as currently required by the agreement. 5. When operational requirements result in a reduction in the number of positions at MRDC, employees who are registered on the EOI register will be the first to be offered retrenchment ·for redundancy purposes. 6. An employee who accepts retrenchment from the EOI register will be retrenched and paid all redundancy -related payments, inclusive of the retention bonus (calculated up to the date of their departure). 2.2. Access to "early redundancy" From the commencement of this Agreement an employee may request access to an early redundancy in the following limited circumstance; . Death (to be paid to the employee's next of Kin) . Serious or terminal illness . Total and Permanent Disability . Bona-fide Carers responsibilities (i.e. where an employee is required to give constant care to someone who has a severe disability, illness or adult who is frail and old - definition from federal DHS) With each case to be assessed and determined on its own merits. Three months prior to retirement, 65 and over .. Pregnancy 2.2.1. Any employee who is retrenched early pursuant to this clause 2.2 shall be entitled to receive all relevant redundancy-related payments calculated up to the date of their retrenchment except for the retention payment outlined in the Team Member Support Package, which shall not apply. 2.3. Downsizing arrangements / Transition to closure 2.3.1. To limit the number of issues arising from the closure of the site the parties will agree to the downsizing and transition to closure arrangements that are to apply, including temporary contracts, shift changes to permanent rosters and maintenance of any penalties and loadings. This process will be managed through the TCCC 2.3.2. The parties agree as the site transitions to closure and MRDC requires a reduced number of positions to perform work because of changes in operational requirements, the following process will apply: a. Employees who have elected to leave the business through the Expression of Interest for departure prior (EOI) to closure will be the first to be retrenched. b. If the reduction in positions exceeds the number of volunteers for redundancy, then agency-filled positions will be reduced; C. If the reduction in positions exceeds the number of agency filled positions then casual employee positions will be reduced; d. If the reduction in positions exceeds the number of casual positions then permanent part-time positions will be reduced. e. If the reduction in positions exceeds the number of permanent part-time positions then permanent full-time positions will be reduced. f. Where the final decisions are required to be made on which permanent, full-time staff to retain, this will be decided on the basis of tenure (with those with the longest service being the last to go), subject to skills required and/or other factors as may be required. 3. Seeking Employment, Redeployment and support Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 43
3.1. Redeployment
3.1.1. The Company will make available a minimum of at least 30 permanent positions (either
full time or part time, based on the employees current status - full-time or part time) at
one or both of the Company's sites at Laverton (Melbourne Liquor Distribution Centre)
(MLDC) and Lyndhurst (Melbourne South Regional Distribution Centre) (MSRDC) (or, by
mutual agreement between the Company and the (employee) at the time,
other Victorian Supply Chain Facilities) for employees to apply to redeploy to during the
period of the TtC. The employee will not be required to serve a probationary period.
Employees will not be paid as an Entry Level employee.
3.1 .2. The Company will accept applications for redeployment to equivalent permanent
positions at retail outlets and interstate Company Supply Chain facilities for team
members who nominate their interest in such interstate positions.
3.1.3. Directly employed casual positions at MLDC and/or MSRDC will be advertised to
employees at MRDC through SMS and notice boards. The Company will accept a
request by any directly employed casual employee to transfer to another site, including
sites interstate. Directly employed casuals will have first access to apply for positions prior
to agency or labour hire casuals or external applicants.
3.1 .4. The parties intend that employees who are redeployed to other Company sites will be
employed on the terms and conditions applicable at the new site (and not the terms
and conditions of this Agreement). The parties accept and will use their best endeavours
(including supporting any application to the Fair Work Commission including under
section 318 of the Fair Work Act) to seek to ensure the MRDC Agreement does not
transfer with the employee to any new site.
3.2. Any redeployment will be based on the Company's site recruitment process for that site
3.3. Working for Woolworths Group in the future
MRD""C~1as obtained an exemption from the Woolworths Group policy to provide that MRDC
employees who are made redundant can apply for another available position within the
Woolworths Group after six months of the date that they cease paid employment with the MRDC
site due to redundancy.
This policy does not prevent an employee (who has been retrenched) from taking up work with a
Labour agency provider, who may then on-hire the former employee's services to the
Woolworths Group
3.4. Working at MRDC in the future
Should Woolworths wish to recommence operations at the MRDC site in the future, employees
that have been the recipients of redundancies (from the MRDC) will be provided with the first
option to take up future employment with Woolworths Group businesses or one of its subsidiaries.
4. Transition to Closure
4.1. Company required shift changes and impact on redundancy pay
4.1 .1 . From the commencement of this agreement where permanent positions are impacted
by downsizing I transition to closure the effected employees will be able to exercise the
option, in accordance with this clause, of redeploying to an alternative work roster or
position as a "temporary contract" instead of being made redundant.
4.1 .2. Where any inconsistency exists with any other provisions of the Agreement that deal with
changes to working hours or rosters this clause will prevail.
4.1.3. Temporary Contract is an employee whose normal "contracted work roster" is impacted
by the transition to closure as work is moved out of the business.
4.1.4. It is expected that initially employees on the afternoon and night shift will be impacted
and may elect to move to dayshift and employees working weekends will be impacted
and may elect to move to weekday rosters. During the later phases of the transition to
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 44
3.1. Redeployment 3.1.1. The Company will make available a minimum of at least 30 permanent positions (either full time or part time, based on the employees current status - full-time or part time) at one or both of the Company's sites at Laverton (Melbourne Liquor Distribution Centre) (MLDC) and Lyndhurst (Melbourne South Regional Distribution Centre) (MSRDC) (or, by mutual agreement between the Company and the (employee) at the time, other Victorian Supply Chain Facilities) for employees to apply to redeploy to during the period of the TtC. The employee will not be required to serve a probationary period. Employees will not be paid as an Entry Level employee. 3.1.2. The Company will accept applications for redeployment to equivalent permanent positions at retail outlets and interstate Company Supply Chain facilities for team members who nominate their interest in such interstate positions. 3.1.3. Directly employed casual positions at MLDC and/or MSRDC will be advertised to employees at MRDC through SMS and notice boards. The Company will accept a request by any directly employed casual employee to transfer to another site, including sites interstate. Directly employed casuals will have first access to apply for positions prior to agency or labour hire casuals or external applicants. 3.1.4. The parties intend that employees who are redeployed to other Company sites will be employed on the terms and conditions applicable at the new site (and not the terms and conditions of this Agreement). The parties accept and will use their best endeavours (including supporting any application to the Fair Work Commission including under section 318 of the Fair Work Act) to seek to ensure the MRDC Agreement does not transfer with the employee to any new site. 3.2. Any redeployment will be based on the Company's site recruitment process for that site 3.3. Working for Woolworths Group in the future MRDC Mas obtained an exemption from the Woolworths Group policy to provide that MRDC employees who are made redundant can apply for another available position within the Woolworths Group after six months of the date that they cease paid employment with the MRDC site due to redundancy. This policy does not prevent an employee (who has been retrenched) from taking up work with a Labour agency provider, who may then on-hire the former employee's services to the Woolworths Group 3.4. Working at MRDC in the future Should Woolworths wish to recommence operations at the MRDC site in the future, employees that have been the recipients of redundancies (from the MRDC) will be provided with the first option to take up future employment with Woolworths Group businesses or one of its subsidiaries. 4. Transition to Closure 4.1. Company required shift changes and impact on redundancy pay 4.1.1. From the commencement of this agreement where permanent positions are impacted by downsizing / transition to closure the effected employees will be able to exercise the option, in accordance with this clause, of redeploying to an alternative work roster or position as a "temporary contract" instead of being made redundant. 4.1.2. Where any inconsistency exists with any other provisions of the Agreement that deal with changes to working hours or rosters this clause will prevail. 4.1.3. Temporary Contract is an employee whose normal "contracted work roster" is impacted by the transition to closure as work is moved out of the business. 4.1.4. It is expected that initially employees on the afternoon and night shift will be impacted and may elect to move to dayshift and employees working weekends will be impacted and may elect to move to weekday rosters. During the later phases of the transition to Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 44
closure the potential impact may see full-time employees electing to reduce their hours
down to part-time on a temporary contract basis.
4.1.5. In the circumstance that an employee exercises the option for a temporary contract and
accepts a change to working hours in preference to being made redundant this will be
provided by the company in the form of a written temporary contract. Employees will still
be provided with a minimum of 14 days written notice for any change to working hours
once this contract has been agreed to.
4.1.6. Employees who accept a Temporary Contract will be paid in accordance with their new
roster in accordance with this Agreement (ie; an employee who accepts a transfer from
shift work to day work, will be paid in line with the day work rates of pay.)
4.1.7. All final redundancy payments for employees that have accepted a Temporary
Contract will be paid out on the employee's base "contracted work roster" (inclusive of
any applicable allowances, shift loadings and weekend penalties) as was applicable
prior to them accepting the Temporary Contract, and includes any retention bonus
(calculated up to the date of departure).
4.1.8. At all times during this process the obligation will be on the Company to facilitate
employees through the transition to closure by minimising the impact to employees
where possible. This will include: providing to employees all available options when
employees are considering changing days or hours of work, limiting where possible the
financial impact when premium shifts are reduced and providing the most possible hours
to employees who request a temporary move to part-time.
4.1.9. Should any issues arise out of this provision either for employees or the company the
partfes agree to address it in the TCCC in the first instance and if resolution can not be
achieved then through the dispute resolution procedure of this Agreement.
4.1 .1 0. The above provisions will apply from the date this Agreement commences operation and
will not apply prior to that date.
4.2. Transition to Closure Support Services
During the transition to closure MRDC will facilitate team members' access to various support
services, including:
Advice through external providers:
• Financial- WECU or Lucrf and Davidson Trahaire Corpsych
• Taxation- Australian Taxation department
• Superannuation- Providers Lucrf and AMP/WECU
• Centrelink & Job Network
• Workcover claim medical information EML- email- selfinsurance@eml.com.au
• Training Providers Sourced -e.g. Forklift, Road Maintenance Workers, Whitecard
Assistance with:
• Resume writing - Lee Hecht Harrison
• Interview skills and preparation - Lee Hecht Harrison
• Lifestyle seminars (e.g. health and well being) -Davidson Trahaire Corpsych
• Information on how to set up a small business
• Transition to retirement- Providers Lucrf and AMP /WECU
• Pay enquiries -via Senior HRBP - MRDC post closure of MRDC
Contact People Services - Payroll on 1800 008 584 Option 5
Support services will remain available for eligible team members for a period of 3 months after the
date of the MRDC closure.
Any consultation regarding support services or additional services will take place via the TCCC.
The Company will provide a facilitated process to assist employees to obtain access to any
medical records that are held by the Workers Compensation Insurer (currently EML).
Team Member Recognition Payment: Employees will receive the following payments;
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 ·Page I 45
closure the potential impact may see full-time employees electing to reduce their hours down to part-time on a temporary contract basis. 4.1.5. In the circumstance that an employee exercises the option for a temporary contract and accepts a change to working hours in preference to being made redundant this will be provided by the company in the form of a written temporary contract. Employees will still be provided with a minimum of 14 days written notice for any change to working hours once this contract has been agreed to. 4.1.6. Employees who accept a Temporary Contract will be paid in accordance with their new roster in accordance with this Agreement (ie; an employee who accepts a transfer from shift work to day work, will be paid in line with the day work rates of pay.) 4.1.7. All final redundancy payments for employees that have accepted a Temporary Contract will be paid out on the employee's base "contracted work roster" (inclusive of any applicable allowances, shift loadings and weekend penalties) as was applicable prior to them accepting the Temporary Contract, and includes any retention bonus (calculated up to the date of departure). 4.1.8. At all times during this process the obligation will be on the Company to facilitate employees through the transition to closure by minimising the impact to employees where possible. This will include: providing to employees all available options when employees are considering changing days or hours of work, limiting where possible the financial impact when premium shifts are reduced and providing the most possible hours to employees who request a temporary move to part-time. 4.1.9. Should any issues arise out of this provision either for employees or the company the parties agree to address it in the TCCC in the first instance and if resolution can not be achieved then through the dispute resolution procedure of this Agreement. 4.1.10. The above provisions will apply from the date this Agreement commences operation and will not apply prior to that date. 4.2. Transition to Closure Support Services During the transition to closure MRDC will facilitate team members' access to various support services, including: Advice through external providers: . Financial- WECU or Lucrf and Davidson Trahaire Corpsych Taxation - Australian Taxation department . Superannuation - Providers Lucrf and AMP/WECU Centrelink & Job Network Workcover claim medical information EML - email - selfinsurance@eml.com.au Training Providers Sourced - e.g. Forklift, Road Maintenance Workers, Whitecard Assistance with: . Resume writing - Lee Hecht Harrison Interview skills and preparation - Lee Hecht Harrison Lifestyle seminars (e.g. health and well being) -Davidson Trahaire Corpsych Information on how to set up a small business Transition to retirement - Providers Lucrf and AMP/WECU Pay enquiries - via Senior HRBP - MRDC post closure of MRDC - Contact People Services - Payroll on 1800 008 584 Option 5 Support services will remain available for eligible team members for a period of 3 months after the date of the MRDC closure. Any consultation regarding support services or additional services will take place via the TCCC. The Company will provide a facilitated process to assist employees to obtain access to any medical records that are held by the Workers Compensation Insurer (currently EML). Team Member Recognition Payment: Employees will receive the following payments; Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 45
" For Permanent team members ($1 ,250) per six months
• For Casual team members ($500) per six months
• Commencing from the 1st of July 2017 and to be paid for every 6 months or part thereof
and received upon departure.
Vocational Training & Development Reimbursement
Up to $3000 for permanent team members (available up to 3 months post site closure)
4.3. Impact of tax on termination/redundancy payments
While the parties agree on the calculation methods for payments to employees impacted by the
closure, should tax laws change the company agrees to work with the Union through the TCCC to
alter the form of these payments to have the least taxation burden upon employees. (Subject to
ATO requirements)
a. If the site closure were to occur close to the end of the financial year, the Company will
provide an option allowing employees to take paid leave or unpaid leave until the end of
the financial year. This option will be available for up to 3 months for a full site closure and 6
months during the gradual transition to closure.
b. Any redundancy payment would then be paid in the new financial year
Subject to ATO regulations and legislation, the Company agrees to work with the TCCC to
understand potential taxation requirements. Any redundancy payment must be processed and
taxed in line with applicable ATO requirements.
4.4. Transition to Closure Consultation
4.4.1 . The parties agree that the Transition to Closure Consultative Committee (TCCC) is the
forum for consultation in relation to certain matters arising at the MRDC.
4.4.2. "The parties agree to hold:
4.4.2.1. At least six TCCC meetings each calendar year (up to a full day with dates for
the year locked in advance) for the purpose of discussing TtC matters (as
detailed below), and any other items that are referenced in the agreement to
be dealt with in the TCCC.
4.4.2.2. The Company agrees to hold Joint quarterly (4 per annum) site meetings with
team members of the MRDC,
4.4.2.3. Site meetings are to be held by management and NUW delegates/officials to
ensure the topics discussed at the TCCC are communicated to all employees
and these meetings to cover all shifts.
4.4.3. These meetings will be up to a maximum of 60 minutes in duration (paid at the
employee's Base rate of pay). During the meetings, the Company and Union will have a
30 minute period to direct agenda and discussion.
4.4.4. Further, upon request by the Union and with no less than 14 days notice (or less by mutual
agreement), the Union will be able to exercise the option of utilizing 2 of these meetings,
each calendar year, for the purposes of holding a paid Union mass meeting with its
members (of 60 minutes duration).
4.4.5. Delegates will be available on paid time and will be afforded additional time and
resources for team member support as required during the transition to closure.
4.5. Disputes in relation to closure Including in TCCC
4.5.1. Should any unforeseen issues arise associated with the downsizing or closure of the site,
the parties agree to consult on these matters and resolve the disputes remaining as
consistent as possible to the principles set out in the site agreement in the first instance
through the TCCC.
4.5.2. If disputes still remain outstanding they will be escalated through the site disputes
procedure prior to closure and any grievances post closure will be escalated through the
following disputes process.
4.5.3. After the closure of the site, past employees of QPI can escalate disputes in relation to
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 46
For Permanent team members ($1,250) per six months ... For Casual team members ($500) per six months Commencing from the 1st of July 2017 and to be paid for every 6 months or part thereof and received upon departure. Vocational Training & Development Reimbursement Up to $3000 for permanent team members (available up to 3 months post site closure) 4.3. Impact of tax on termination/redundancy payments While the parties agree on the calculation methods for payments to employees impacted by the closure, should tax laws change the company agrees to work with the Union through the TCCC to alter the form of these payments to have the least taxation burden upon employees. (Subject to ATO requirements) . If the site closure were to occur close to the end of the financial year, the Company will provide an option allowing employees to take paid leave or unpaid leave until the end of the financial year. This option will be available for up to 3 months for a full site closure and 6 months during the gradual transition to closure. b. Any redundancy payment would then be paid in the new financial year Subject to ATO regulations and legislation, the Company agrees to work with the TCCC to understand potential taxation requirements. Any redundancy payment must be processed and taxed in line with applicable ATO requirements. 4.4. Transition to Closure Consultation 4.4.1. The parties agree that the Transition to Closure Consultative Committee (TCCC) is the forum for consultation in relation to certain matters arising at the MRDC. 4.4.2. The parties agree to hold: 4.4.2.1. At least six TCCC meetings each calendar year (up to a full day with dates for the year locked in advance) for the purpose of discussing TtC matters (as detailed below), and any other items that are referenced in the agreement to be dealt with in the TCCC 4.4.2.2. The Company agrees to hold Joint quarterly (4 per annum) site meetings with team members of the MRDC, 4.4.2.3. Site meetings are to be held by management and NUW delegates/officials to ensure the topics discussed at the TCCC are communicated to all employees and these meetings to cover all shifts. 4.4.3. These meetings will be up to a maximum of 60 minutes in duration (paid at the employee's Base rate of pay). During the meetings, the Company and Union will have a 30 minute period to direct agenda and discussion. 4.4.4. Further, upon request by the Union and with no less than 14 days notice (or less by mutual agreement), the Union will be able to exercise the option of utilizing 2 of these meetings, each calendar year, for the purposes of holding a paid Union mass meeting with its members (of 60 minutes duration). 4.4.5. Delegates will be available on paid time and will be afforded additional time and resources for team member support as required during the transition to closure. 4.5. Disputes in relation to closure Including in TCCC 4.5.1. Should any unforeseen issues arise associated with the downsizing or closure of the site, the parties agree to consult on these matters and resolve the disputes remaining as consistent as possible to the principles set out in the site agreement in the first instance through the TCCC. 4.5.2. If disputes still remain outstanding they will be escalated through the site disputes procedure prior to closure and any grievances post closure will be escalated through the following disputes process. 4.5.3. After the closure of the site, past employees of QPI can escalate disputes in relation to Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 46
wages and conditions by;
a. Contacted People Services (1800 008 584)
b. Addressing matters to the site HRBP (or Nominee)
c. Contacting the National Supply Chain HR group
d. Escalating the matter to the FWC for conciliation and arbitrating if required
Six (6) months notification of closure
To help facilitate employees through the transitional phase Woolworths will provide employees with
visibility of the potential timeline to transition and/or closure of the MRDC site with an accurate
estimate of the final 6 months being announced to employees.
This process will be managed in conjunction with the Union through the TCCC.
1 .1 . 1 . The Company will provide a closure date as accurate as possible to be reviewed on
an ongoing basis and updated monthly by the TCCC.
4.6. Transition to Closure Consultative Committee Guidelines
4.6.1. The following Draft Operational Guidelines shall form the basis of the process to be
agreed by the t Transition to Closure Consultative Committee (TCCC):
Operational Guidelines
Purpose
The TCCC has been established as the formal consultative body for the parties to this Agreement
regarding matters arising from the MRDC's transition to closure, and any other items that are
referenced in the agreement to be dealt with in the TCCC.
Process
The TCCCwill:
1. Comprise of at least four members of the MRDC leadership team, 6 permanent delegate
positions, and NUW officials (and 4 rotating delegate positions);
2. Meet at least six times per year; and more if required
3. Invite additional personnel to attend meetings as required, , external service providers and
other personnel from the Woolworths Group; and
4. As needed, establish sub-groups to review specific issues arising from MRDC's transition to
closure, or other items as agreed.
Responsibilities
The TCCC is the forum for consultation in respect of:
• Employee-related issues arising from transition plans and timings;
• Employee-related issues arising from closure plans and timings;
• Review of information relating to any special employee payments arising from site closure,
for example, , vocational training issues, etc;
• The nature and quality of support services engaged to assist employees during the site's
transition to closure;
• Changes to operational requirements affecting employees, such as rostering and labour or
skill needs as the site transitions to closure and Review other matters referenced in the
agreement
• If there's an issue during the transition, the Company and the NUW /Delegates agree to
allow additional time for the delegates to work on these issues.
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 47
wages and conditions by; a. Contacted People Services (1800 008 584) b. Addressing matters to the site HRBP (or Nominee) C. Contacting the National Supply Chain HR group d. Escalating the matter to the FWC for conciliation and arbitrating if required Six (6) months notification of closure To help facilitate employees through the transitional phase Woolworths will provide employees with visibility of the potential timeline to transition and/or closure of the MRDC site with an accurate estimate of the final 6 months being announced to employees. This process will be managed in conjunction with the Union through the TCCC. 1.1.1. The Company will provide a closure date as accurate as possible to be reviewed on an ongoing basis and updated monthly by the TCCC. 4.6. Transition to Closure Consultative Committee Guidelines 4.6.1. The following Draft Operational Guidelines shall form the basis of the process to be agreed by the t Transition to Closure Consultative Committee (TCCC): Operational Guidelines Purpose The TCCC has been established as the formal consultative body for the parties to this Agreement regarding matters arising from the MRDC's transition to closure, and any other items that are referenced in the agreement to be dealt with in the TCCC. Process The TCCC will: 1. Comprise of at least four members of the MRDC leadership team, 6 permanent delegate positions , and NUW officials (and 4 rotating delegate positions); 2. Meet at least six times per year; and more if required 3. Invite additional personnel to attend meetings as required, , external service providers and other personnel from the Woolworths Group; and 4. As needed, establish sub-groups to review specific issues arising from MRDC's transition to closure, or other items as agreed. Responsibilities The TCCC is the forum for consultation in respect of: Employee-related issues arising from transition plans and timings; . Employee-related issues arising from closure plans and timings; . Review of information relating to any special employee payments arising from site closure, for example, , vocational training issues, etc; The nature and quality of support services engaged to assist employees during the site's transition to closure; Changes to operational requirements affecting employees, such as rostering and labour or skill needs as the site transitions to closure and Review other matters referenced in the agreement . If there's an issue during the transition, the Company and the NUW/Delegates agree to allow additional time for the delegates to work on these issues. Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 47
Appendix B
Committed 'on going' Additional Days for Permanents and PPT
employees
Name Pin
Contracted Shift:
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Start
End
Paid Hrs
Total Paid Hours I I
PLEASE NOTE :
1 Committed Additonal and Flex-up hours must be in line with standard shift start times.
2 Base Daily Hours PLUS Committed Addtional Hours for Permanents must
not exceed 48.5 hours per week.
3 Base Daily Hours PLUS Committed Addtional Hours for Permanent Part Time employees
must not exceed 42.5 hours per week.
4 Two Weeks Notice is required for ANY ongoing change to Committed Additional shifts
with a new form being completed.
5 Miscellaneous changes require a minimum of 1 weeks notice if employee is unable to work
6 "Day of Operation" if employee is unable to attend work EBA must be followed.
Availability for shifts for week commencing:
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Start time
preferred
End time
preferred
Paid Hrs
Total Hours
* Completed forms must be forwarded to Site Labour Planning Team.
Team Member
Signature Date
Labour Planning Use Onl~
Additional Roster Updated in Pyramid
~ Additional Hours- comment added in Pyramid
Confirmed Copy given to employee
Copy added onto Employees File
Signature Date
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 48
Appendix B Committed 'on going' Additional Days for Permanents and PPT employees Name Pin Contracted Shift: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Star End Paid Hrs Total Paid Hours PLEASE NOTE : 1 Committed Additonal and Flex-up hours must be in line with standard shift start times. 2 Base Daily Hours PLUS Committed Addtional Hours for Permanents must not exceed 48.5 hours per week. 3 Base Daily Hours PLUS Committed Addtional Hours for Permanent Part Time employees must not exceed 42.5 hours per week. 4 Two Weeks Notice is required for ANY ongoing change to Committed Additional shifts with a new form being completed. 5 Miscellaneous changes require a minimum of 1 weeks notice if employee is unable to work 6 "Day of Operation" if employee is unable to attend work EBA must be followed. Availability for shifts for week commencing: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Start time preferred End time preferred . Paid Hrs Total Hours * Completed forms must be forwarded to Site Labour Planning Team. Team Member Signature Date Labour Planning Use Only Additional Roster Updated in Pyramid Additional Hours - comment added in Pyramid Confirmed Copy given to employee Copy added onto Employees File Signature Date Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 48
AppendixC
Shifts Offered (Permanent)
Day Monday Tuesday Wednesda Thursday Friday Saturday Sunday
y
Date XX/XX/XXX XX/XX/XXX xx/xx/xxxx XX/XX/XXX XX/XX/XXX XX/XX/XXX XX/XX/XXX
X X X X X X
Forecaste
d Volume
0600-1000
0600-1300
0600-1400
0600-1500
0600-1600
0730-1130
1000-1400
1045-1445
1000-2000
1300-2000
1400-2000
1500-0030
1600-2000
1600-0030
2000-0000
0000-0600
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 49
Appendix C Shifts Offered (Permanent) Day Monday Tuesday Wednesda Thursday Friday Saturday Sunday y Date xx/xx/xxx xx/xx/xxx xx/xx/xxXx xx/xx/xxx xx/xx/xxx xx/xx/xxx xx/xx/XXX x x x x x x Forecaste d Volume 0600-1000 0600-1300 0600-1400 0600-1500 0600-1600 0730-1130 1000-1400 1045-1445 1000-2000 1300-2000 1400-2000 1500-0030 1600-2000 1600-0030 2000-0000 0000-0600 Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 49
Appendix D
Shifts Offered (Casual)
Day Monday Tuesday Wednesda Thursday Friday Saturday Sunday
y
Date XX/XX/XXX XX/XX/XXX xxjxxjxxxx XX/XX/XXX XX/XX/XXX XX/XX/XXX XX/XX/XXX
X X X X X X
Forecaste
d Volume
0600-1000
0600-1300
0600-1400
0600-1500
0600-1600
0730-1130
1000-1400
1045-1445
1000-2000
1300-2000
1400-2000
1500-0030
1600-2000
1600-0030
2000-0000
0000-0600
Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page I 50
Appendix D Shifts Offered (Casual) Day Monday Tuesday Wednesda Thursday Friday Saturday Sunday y Date xx/xx/xxx xx/xx/xxx xx/xx/xxxx xx/xx/xxX xx/xx/xxx xx/xx/xxx xx/xx/xxx x X x x X x Forecaste d Volume 0600-1000 0600-1300 0600-1400 0600-1500 0600-1600 0730-1130 1000-1400 1045-1445 1000-2000 1300-2000 1400-2000 1500-0030 1600-2000 1600-0030 2000-0000 0000-0600 Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 Page | 50
Model consultation term Schedule 2.3
Fair Work Regulations 2009 115
Schedule 2.3—Model consultation term
(regulation 2.09)
Model consultation term
(1) This term applies if the employer:
(a) has made a definite decision to introduce a major change to
production, program, organisation, structure or technology in
relation to its enterprise that is likely to have a significant
effect on the employees; or
(b) proposes to introduce a change to the regular roster or
ordinary hours of work of employees.
Major change
(2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the
decision to introduce the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the
purposes of the procedures in this term.
(4) If:
(a) a relevant employee appoints, or relevant employees appoint,
a representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the
identity of the representative;
the employer must recognise the representative.
(5) As soon as practicable after making its decision, the employer
must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees;
and
(iii) measures the employer is taking to avert or mitigate the
adverse effect of the change on the employees; and
Federal Register of Legislative Instruments F2014C00008
Schedule 2.3 Model consultation term
116 Fair Work Regulations 2009
(b) for the purposes of the discussion—provide, in writing, to the
relevant employees:
(i) all relevant information about the change including the
nature of the change proposed; and
(ii) information about the expected effects of the change on
the employees; and
(iii) any other matters likely to affect the employees.
(6) However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to
matters raised about the major change by the relevant employees.
(8) If a term in this agreement provides for a major change to
production, program, organisation, structure or technology in
relation to the enterprise of the employer, the requirements set out
in paragraph (2)(a) and subclauses (3) and (5) are taken not to
apply.
(9) In this term, a major change is likely to have a significant effect on
employees if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the
employer’s workforce or to the skills required of employees;
or
(c) the elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the
proposed change; and
(b) subclauses (11) to (15) apply.
(11) The relevant employees may appoint a representative for the
purposes of the procedures in this term.
Federal Register of Legislative Instruments F2014C00008
Model consultation term Schedule 2.3
Fair Work Regulations 2009 117
(12) If:
(a) a relevant employee appoints, or relevant employees appoint,
a representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the
identity of the representative;
the employer must recognise the representative.
(13) As soon as practicable after proposing to introduce the change, the
employer must:
(a) discuss with the relevant employees the introduction of the
change; and
(b) for the purposes of the discussion—provide to the relevant
employees:
(i) all relevant information about the change, including the
nature of the change; and
(ii) information about what the employer reasonably
believes will be the effects of the change on the
employees; and
(iii) information about any other matters that the employer
reasonably believes are likely to affect the employees;
and
(c) invite the relevant employees to give their views about the
impact of the change (including any impact in relation to
their family or caring responsibilities).
(14) However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to
matters raised about the change by the relevant employees.
(16) In this term:
relevant employees means the employees who may be affected by
a change referred to in subclause (1).
Federal Register of Legislative Instruments F2014C00008
Model flexibility term Schedule 2.2
Fair Work Regulations 2009 113
Schedule 2.2—Model flexibility term
(regulation 2.08)
Model flexibility term
(1) An employer and employee covered by this enterprise agreement
may agree to make an individual flexibility arrangement to vary the
effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and
employee in relation to 1 or more of the matters mentioned in
paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and
employee.
(2) The employer must ensure that the terms of the individual
flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair
Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work
Act 2009; and
(c) result in the employee being better off overall than the
employee would be if no arrangement was made.
(3) The employer must ensure that the individual flexibility
arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee
is under 18 years of age, signed by a parent or guardian of
the employee; and
(d) includes details of:
Federal Register of Legislative Instruments F2014C00008
Schedule 2.2 Model flexibility term
114 Fair Work Regulations 2009
(i) the terms of the enterprise agreement that will be varied
by the arrangement; and
(ii) how the arrangement will vary the effect of the terms;
and
(iii) how the employee will be better off overall in relation to
the terms and conditions of his or her employment as a
result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
(5) The employer or employee may terminate the individual flexibility
arrangement:
(a) by giving no more than 28 days written notice to the other
party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.
Federal Register of Legislative Instruments F2014C00008
