Read CA202_2006 - Cook Freeze Certified Agreement 2006 text version

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 ­ s. 156 ­ certification of an agreement Cook Freeze Certified Agreement 2006 Matter No. CA/2006/202 Deputy President Swan CERTIFICATE This matter coming on for hearing before the Commission on 24 March 2006 the Commission certifies the following written agreement: Cook Freeze Certified Agreement 2006 - CA/2006/202 [as amended]. Made between: Cook Freeze Pty Ltd (ACN 010 197 917); and Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees. The agreement was certified by the Commission on 24 March 2006 and shall operate from 24 March 2006 until its nominal expiry on 17 November 2007. This agreement cancels Compass Group (Australia) Cook Freeze Certified Agreement 2003 (CA638 of 2003). 07 April 2006

By the Commission.

Deputy President Swan

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999,s 156

Cook Freeze Pty Ltd ACN 010 097 917 AND Liquor Hospitality and Miscellaneous Union, Queersland Branch, Union of Employees COOK FREEZE CERTIFIED AGREEMENT 2006 PART 1 : 1.1 Title APPLICATION AND OPERATION

This Agreement shall be known as the Cook Freeze Certified Agreement 2003. 1.2 Arrangement APPLICATION AND OPERATION 1 .1 1 .2 1 .3 1 .4 1 .5 1 .6 1 .7 1 .8 Clause No.

PART 1 :

Title . Arrangement Relationship to Awards and Previous Agreement Date and Operation Coverage of Agreement Parties Bound Definitions No extra claims PART 2 : ENTERPRISE BARGAINING

Objectives of Agreement Training Productivity Measures PART 3: COMMUNICATION AND CONSULTATION

2. I 2.2 23

Joint Consultative Committee Renewal of Agreement Grievance and Dispute Settling Procedure Counselling Procedure PART 4: TERMS AND CONDITIONS OF EMPLOYMENT

3.1 3 .2 3.3 3.4

Contract of Employment Part-time Employment Casual Employment Fixed Term Employment Incidental and Peripheral Tasks Mixed Functions Anti-Discrimination Termination of Employment Trainees Introduction of changes Redundancy Transmission of Business PART 5: WAGES AND RELATED MATTERS

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4 .8 4.9 4.10 4.11 4.12

Classifications Wages rates Payment of Wages Allowances Occupational Superannuation PART 6: HOURS OF WORK, OVERTIME

5.1 5.2 5.3 5.4 5.5

Hours Rostering Arrangements Meal Breaks Overtime PART 7: LEAVE, PUBLIC HOLIDAYS

6, l 6.2 6.3 6.4

Annual Leave Statutory Holidays Sick Leave Lang Service Leave Family Leave Bereavement Leave TUTA Leave PARTS : MISCELLANEOUS

7 .1 7.2 7.3 7.4 7.5 7 .6 7.7

Right of Entry Time and Wages Records Copy of Agreement Union Delegates Union Encouragement General Conditions Protective Clothing Penalty Rates and Loadings are not Cumulative SCHEDULE 1 : RATES OF PAY 1 .3 Relationship to Awards and Previous Agreement

8.1 8 .1 8.3 8.4 8.5 8.6 8.7 8 .8

This Agreement regulates the terms and conditions of employment of the Employees to the exclusion of all awards, whether State or Federal, certified agreements and other state agreements . (2) This Agreement rescinds and replaces the Cook Freeze Certified Agreement 200'. .

1.4 Date of Operation This Agreement shall operate administratively from 17 November 2005 until 17 November 2007 and operative effectively from date of certification. 1.5 Coverage of Agreement

This Agreement shall apply at the operating site 60 Grindle Road, W acol, in respect of all employees who are employed by Cook Freeze Pty Ltd and who perform work covered by the classifications in clause 5.1 of this Agreement . 1 .6 Parties Bound

The parties bound shall be as follows : (1) (2) (3) Cook Freeze fty Ltd (ACN 0I0 097 9 :7) All persons who fall within the coverage of this Agreement as defined in clause 1 .5 ("the Employees") ; and Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union. of Employees ("the LHMU");

1.7 (1) (2) (3) (4) 1 .8

Definitions "mutually agreed", unless otherwise specified, shall mean agreed in writing between Cook Freeze, the Branch Secretary of the LHMU, and the majority of employees affected. . "the Act" means the industrial Relations Act 1999 (Qld) as amended or replaced from time to time. "the Commission" means Queensland Industrial Relations Commission. "the Union" means the LHMU No extra claims

It is agreed by the parties to this Agreement that, during the life of this Agreement : The Employees and the Union will not, by any means whatsoever, demand, pursue or make any extra claims relating to benefits, conditions, obligations or matters contained in this Agreement ; (2) (3) The Employees and the Union will not, by any means whatsoever, demand, pursue or make any claims relating to benefits, conditions, obligations or matters that are not contained in this Agreement ; and The Employees and the Union will not seek any changes to their terms and conditions of employment. ENTERPRISE BARGAINING

PART 2: 2.1 (i)

Objectives of Agreement This agreement has been entered into by Cook Freeze, the Employees and the Union. The purpose of this agreement is to provide working conditions which will help the business to grow and by doing so, make jobs secure. We recognise that Cook Freeze must try to become the best in the business of making quality foods for sale in Australia and overseas . It is not the intention of the agreement to aim to reduce the earnings of employees nor to make their working conditions worse. Through fnis agreement we intend to: Provide and maintain a healthy, safe and harmonious work environment . Give wage increases that are based on real improvements in the productivity and efficiency of our business . Improve the way that we operate, to standards that are recognised to be the best in the food industry. We will therefore keep on improving our housekeeping, hygiene and work processes so that our products are safe, pure and of the best quality. Strengthen our ability to keep the business we have and to compete with others in our markets for new business. We will do this by improving our systems so that we work in ways that are more efficient and productive. Make sure that we develop and support decision making which results from consultation between management and employees .

(2) (3) (4) " " "

"

Improve the quality of life at work for our employees . The parties will do this by giving employees more skills through better training and by giving employees more responsibility for their work. This will be achieved by developing a career path for our employees and helping them get greater job satisfaction. Training The parties are committed to the establishment of a process of off and/or on the job training to develop employee competencies to ensure that employees are able to do all the tasks in their job grade wiibin their work team and their work area.

2.2 (1)

(2) (3)

It is further agreed that trairimg shall be developed to provide employees with access to progression through the classification structure . (a) The parties agree to identify the competencies needed for specific jobs in lane with the classification structure clause 5.1 . These will be called "Job Specific Competencies" . The parties further agree to review these from time to time in accordance with needs of the Enterprise. Competencies will be set and reviewed in consultation with the Joint Consultative Committee. In addition to the Job Specific Competencies, the parties agree that all employees should have or acquire basic sets of competencies. These are the general skills for: Quality Assurance / HACCP: Functional English Literacy and Numeracy ; Hygiene / Housekeeping; Basic Chemical Handling; Safety ; Basic Manual Handling All employees engaged after the commencement of this agreement will train at Job Level One until ..hey show they have these competencies. Where an employee has not been given sufficient training so as to become competent under this classification within a period of 3 months such employee shall move to Job Level Two. (c) If as a result of competency testing an employee does not show themselves to have the Basic Competencies and/or the Job Specific Competencies for their position, a plan for remedial training shall be agreed between that employee and Cook Freeze . Remedial training will span a reasonable period given the circumstances . If after the remedial training an employee cannot show the competencies for which remedial training has been provided, the following represent options open to management in consultation with the LHMU: Provide further training at Job Level One ; Re-deploy the employee to another position ; Take steps to terminate employment .

(b)

2.3 (1)

Productivity Measures Work Practice Changes : It is a term of this Agreement that management and employees are committed to the work practice changes as listed hereunder . Employees also understand that a component of the wage increases contained in this Agreement are made on the basis of such work practices : The parties agree to re-organise work rosters to enable the daily pattern of operation to change and become more efficient. This will be done to facilitate a change to current systems of production to improve productivity and ensure product quality is at its best, by cooking products jus: in time for packing . " The parties shall consult to improve performance on these criteria, and where there is agreement, implement any changes. This will be a continuous process in an effort to make the operation as efficient as it can be. Work teams shall be maintained in the following areas : Raw materials Processing Packing Freezer Quality Services Provided that there may be more than one team

it

each of the aforementioned areas.

The parties agree to use the work teams concept to broaden the range of duties performed and skills possessed by the employees involved . This is intended to result in more interesting and fulfillingjobs

and shall provide e`rriployees with the opportunity to acquire skills to enable progression through the classification structures contained in this Agreement The acquisition of skills for the purpose of developing work teams shall be in accordance with the program specified in Clause 2.2 (Training). 2) Good Manufacturing Practice Cook Freeze and the employees are fully committed to developing and continuously improving a system of Good Manufacturing practice . We agree that together and individually we will: (a) Adopt quality work processes and in particular: (i) (ii) (iii) (iv) (v) (vi) (vii) Work in accordance with documented Standard Operating Procedurcs(SOP's) for each part of our business . Follow Batch Sheets for the manufacture of all products. Set and keep specified standards and practices for Hygiene and Housekeeping. Do specified Quality checks related to our work and properly record the results . Report all non-conformances using the Cook Freeze' reporting system. Report any deficiencies in documents using the Cook Freeze' reporting system. Learn and follow the requirements of our Quality System as it applies to our jobs.

Do all things that are reasonably within our ability, to avoid and reduce waste in all forms. Consult each other on changes to systems and adopt new work practices which will improve productivity and efficiency. (d) (e) Actively implement agreed changes determined to be in the best interest of the business and employees once we have consulted properly on them. introduce and use Performance Measures as a positive way to improve our performance .

The pursuit of such changes shall be is accordance with the parties commitment to a program of continuous improvement . Freezer Team Work Practices Cook Freeze and its Employees working in the freezer specifically agree that: (a) Employees performing duties in the freezers shall, after each continuous hour of wofic in the Freezer, work for a period of at least 10 minutes in the Freezer Office or on other duties outside of the Freezer, that will increase the productivity of Cook Freeze and the skills of the employees . Cook Freeze will provide training to enable these team members to do data entry onto the computer system, maintain stock records, raise invoices and do other clerical tasks needed to process orders. The employees will perform all duties to enable completion of the whole job, subject always to the employees having the skills and the time to do the job safely . All freezer employees will take two 20 minute paid breaks for smoko and one 30 minute lunch break ; excluding all other breaks . Cook Freeze shall pay a freezer allowance to those employees working in the Freezer Team for each hour of work on Freezer Team duties, including the work set out in (b), in accordance with clause 5.4(5) .

(b) (c) (d) (e)

(4)

Key Performance Indicators (a) Cook Freeze is committed to reviewing the self funded Productivity Bonus Scheme that rewards superior performance . The Productivity Bonus Scheme will be reviewed by Cook Freeze and may be varied from time to time at the discretion of Cook Freeze and does not form part of the agreement . The Joint Consultative Committee will be consulted during the review of the Productivity Bonus Scheme.

PART 3: 3.1 (1) (2)

COMMUNICATION AND CONSULTATION

Joint Consultative Committee The parties are committed to the process of negotiating by way of a Joint Consultative Committee . The Joint Consultative Committee, which was established primarily to arrive at this Agreement, shall continue to ftmction and consult on workplace issues, including the Aims and Objectives of this Agreement as prescribed by Clause 2.1 of this Agreement . The composition of the Joint Consultative Committee shall be of persons duly elected by the workforce, shall be representative of the membership at the site as follows : Union Delegate Production Packaging Freezer Management I 1 1 1 I representative representative representative representative representative

(3)

(4) 3.2

The J.C.C. will meet before the end of March 2006 and shall discuss the productivity bonus and sick leave bonus . Renewal of Agreement

Three months prior to the expiration of this Agreement, the parties shall undertake to negotiate a further Agreement to replace and incorporate this Agreement. Such process shall take place in accordance with Clauses 2 .1 and 3.1 of this Agreement . 3.3 (1) Grievance and dispute settling procedure The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and Cook Freeze in respect to any industrial matter and all other matters that the parties agree on and are specified herein . Such procedures shall apply to a single employee or to any number of employees . In the event of an employee having a grievance or dispute the employee shall, in the firs: instance, attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances . Where the dispute concerns alleged actions of the immediate supervisor the employeeis may bypass this level in the procedure . If the grievance or dispute is not resolved under sub-clause (a), the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should. if possible, take place within 24 hours after the request by the employee or the employee's representative. If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned . If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at, sub-clause (c) . If the grievance or dispute is still unresolved after discussions mentioned in sub-clause (b), the matter shall, in the case of a member of a union, be reported to the relevant officer of the union and the senior management of Cook Freeze or Cook Freeze's nominated industrial representative . An employee who is not a member of a union may report the grievance or dispute to senior management or the nominated industrial representative . This should occur as soon as it is evident that discussions under sub-clause (b) will not result in resolution of the dispute. If, after discussion between the parties, or their nominees mentioned in sub-clause (d), the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of the Act . Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed . All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the commission with a view to the prompt settlement of the dispute.

(2)

(3) (4)

(5)

(6) (7) (8) (9)

(10) (11)

Any Order or Decision of the Commission (subject to the parties' right of appeal under the Act) will be final and binding on all parties to the dispute. Discussions at any stage of the procedure shall not be unreasonably delayed by any parry, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act . Counselling Procedure

3.4

A counselling and warning system is to be adopted in relation to employees absenteeism, time-keeping, job performance, safety attitude, as follows: When an incident or incidents warrant corrective action, the supervisor or department manager will have a counselling session with tae employee, fully explaining the corrective action required . (2) A repeat incident by the employee will result in a first warning being given to the employee by an appropriate representative of management. This warning will be given with the Industrial Organisation Delegate/Organiser present unless the employee states otherwise, and the details will be recorded . A further repeat of this incident will result in a final warning being given to the employee. This warning will be given by appropriate Company representatives in the presence of an Industrial Organisation Delegate/Organiser unless the employee states otherwise or if no Delegate/Organiser is available, another Industrial Organisation representative . (4) This final warning will be recorded in writing and will be signed by the employee concerned, the Company representative and the industrial Organisation Delegate/Organiser where possible. These warnings will be retained in the employee's file for a period of two years after which time they will be revoked . A further occurrence will result ir. the dismissal of the employee. (6) However, if the first incident is considered severe enough, the first warning in that instance would be regarded and recorded as a final warning. This procedure is to operate in connection with the Termination of Employment Other Than in Cases of Retrenchment/Summary Dismissal . PART 4 : 4.1 (1) TERMS AND CONDITIONS OF EMPLOYMENT

Contract of Employment Employees (other than casual employees) covered by this Agreement shall be, advised in writing of their employment category upon appointment . Provided that the first three (3) months employment for all employees will be a probation period . Employment categories are: (a) (b) (c) (d) full 'ime; part-time (as prescribed in clause 4.2) ; or casual (as prescribed in clause 4.3) . fixed term

(2)

4.2

Part-time employment Part-time employees shall work between 12 and 38 hours per week, provided that where such a part-time employee works 38 hours for eight or more consecutive weeks, such employee shall be entitled to no less than 14 days notice of change of hours.

Part-time employment shall be deemed to include the following terms and conditions of employment:

(2)

Part-time employees shall work a regular number of hours, however, this number of hours may vary from week to week or day to day in accordance with a previously posted roster. Rosters shall be posted 3 working days prior to commencement of said roster . Part-time employees shall be entitled to all of the benefits afforded to a full-time employee or. a pro rata basis . In the case of a part-time employee whose ordinary hours of work vary, from week to week, such pro rata

entitlements shall be determined on a basis of the average number of hours the employee has worked for the period of accrual . (4) The number of part-time employees shall not ordinarily exceed 25% of the total of permanent employees . In special circumstances, based on the needs of the business, Cook Freeze and the Joint Consultative Committee can agree to increase the number of part-time employees at the site. Where a public holiday falls on a day upon which a part-time employee is normally engaged, that employee shall be paid their ordinary time rate of pay for the number of hours normally worked on that day. (6) Where an employee and Cook Freeze agree in writing, part-time employment may be converted to full-time and vice-versa, on a permanent basis or for a specified period of time. If an employee transfers from full-time to part-time (or vice-versa) all accrued award and legislative entitlements shall be maintained. Following transfers to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment. Casual employment Casual workers will be paid an hourly rate arrived at by calculating 1/38" of the prescribed weekly rate for the class of work performed and adding a 23% loading . Such a loading shall be in lieu of entitlements afforded to full-time and part-time employees, with the exception of long service leave which shall be paid in accordance with the Industrial Relations Act 1999. [from existing agreement] Provided that casual who attend for work at the appointed time will be provided with a minimum of 3 hours work or paid as for 3 hours . The number of casual employees shall not ordinarily exceed 30% of the total of permanent employees . In special circumstances, based on the needs of the business, Cook Freeze and the Joint Consultative Committee can agree to increase the number of casual employees at the site. (4) Where an employee has been systematically and regularly employed as a casual for not less than 12 months and is rostered to work a regular number of hours, such employee shall, subject to the reasonable requirements of the business, be offered the opportunity to convert to full-time or part-time employment as appropriate . Fixed Term Employment

4.3 (1)

(2)

4.4

An employee may be engaged on a full-time or part-time basis for a specified fixed term in order to meet peak or seasonal demands or special projects, as the need arises. 4.5 Incidental and Peripheral Tasks

Cook Freeze may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill . competence and training . Cook Freeze may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment (where relevant) . A direction issued by Cook Freeze pursuant to this clause shall be consistent with its responsibilities to provide a safe and healthy working environment . 4.6 Mixed Functions

An employee who is required to perform work on any day for which a higher rate of pay is prescribed in clause 5.1 the employee shall be paid as follows: (a) (b) 4.7 If more than 4 hours on any one day, the higher rate for the whole of the day. If 4 hours or less, the higher rate for 4 hours .

Anti-Discrimination It is the intention of the parties to this Agreement to achieve the principal object in s3(c) of the Act by helping to prevent and eliminate discrimination on the basis of sex, marital status, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity, and association with, or relation to, a person identified or. the basis of the above attributes .

(2)

Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties to the Agreement must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects .

10

Nothing in this Clause is to be taken to affect :(a) (b) any different treatment (or treatment having different effects) which is specifically exempted under the Anti-Discrimination Act 1991 (Qld) ; an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission,'Anti-Discrimination Commission ; the exemptions in s . 291(3)(a) aid (b) of the Act .

(c) 4.8 (1)

Termination of Employment Notice By Employee To terminate the contract of employment, a full-time or part-time employee must give the following notice or forfeit their pay in lieu of notice: (a) if the employee's continuous service is: (i) (ii) (b) not more than two years .. ..... ...... .. ....... ....................... .......... . .. ....... I week; and more than two yeas .... ... ..... ...... . . .. .. . .. ..... .................. ....... ... . .. ... . ...2 weeks

if the employee is serving a probation period .... .. ....................... .......... . .. ....... l day

(2)

Notice By Cook Freeze To terminate the contract of employment, Cook Freeze must give a full-time or part-time employee the following notice or payment of the equivalent in lieu (provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof) (a) if the employee's continuous service is: (i) (ii) (iii) (iv) (b) not more than one yea :... ..... ...... .. ....... .. .. ................... .. ........ ... ..... .. l week; and more than one year but not more than three years: .... .......... ... ..... .. 2 weeks; and more than three years but not more than five years: .. .. .. . ..... ... ..... ..3 weeks; and more than five years : .. .. ... ..... ...... .. ....... ....................... .. .. ...... ... ..... ..4 weeks.

The period of notice is to be increased by one week if the employee C) (:i) is over 45 yeas of age ; and has completed at least two years continuous service with Cook Freeze .

(c) (d) (f)

Such notice shall not be required in cases of dishonesty, drunkenness, insubordination or gross or serious misconduct when any employee shall be subject to instant dismissal and the employee will be entitled to their wage and all holiday pay due to that employee up to the time of such dismissal . Annual leave shall not be used to provide the notice prescribed in paragraphs (a) and (b) hereof of this sub-clause . The period of notice in this clause shall not apply to: (1) (2) (3) employees who are terminated during the probationary period; casual employees ; or employees engaged for a fixed term or specified task.

(3) 4.9

In calculating a week's pay, the ordinary time rate Of pay for the employee concerned shall be used. Trainees

Trainees may be employed pursuant to this Agreement in accordance with the Order for Apprentices and Trainees Wages and Conditior.s . 4.10 Introduction of changes Cook Freeze' duty to notify

(a)

Where Cook Freeze has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, Cook Freeze shall notify the Joint Consultative Committee, Employees who may be affected by the proposed changes and the Union. "Significant effects" include termination of employment, major changes in the composition, operation or size of Cook Freeze's workforce or in the skills required ; the elimination or diminution of job 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 ofjobs : Provided that where this Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect .

(2)

Cook F'reeze's duty to discuss change (a) Cook Freeze shall discuss with the Joint Consultative Committee, the employees affected and the Union, inter alia, the introduction of the changes referred to, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees . "I he discussions shall commence as early as practicable after a definite decision has been made by Cook Freeze to make the changes referred to in clause 4.10.1 . For the purpose of such discussion, Cook Freeze shall provide in writing to the employees concerned and the Union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees : Provided that Cook Freeze shall not be required to disclose confidential information, the disclosure of which would be inimical to Cook Freeze's interest .

4.11 (1)

Redundancy Except as provided for in clauses 4 .8 and 4.11 Cook Freeze and the employees to whom this Agreement applies shall observe, the terms and conditions of the Statement of Policy of Termination of Employment, Introduction of Changes, Redundancy contained in the decision of the Full Bench of the Commission dated 16 June, 1987, and published in 125 QGIG 1119-1121, as amended, by 125 QGIG 1377 and 126 QGIG 188 . Employers Duty to Notify Where Cook Freeze has made a definite decision that redundancies are to occur it will as soon as practicable provide in writing to the employees concerned and the Union, notification as to the number of employees to be affected, the work areas, the nominated positions, and the respective position levels .

(2)

(3)

Selection Criteria Cook Freeze will firstly call for volunteers from the workforce for employees in the nominated work areas, who are willing to accept the proposed redundancies . "I'he company will then select from this list of volunteers the employees to be made redundant . Provided that the Cook Freeze shall not be required to select volunteers for redundancy where such selection would impede in any way the ability of the business of function. Where there are more volunteers for the proposed redundancies than are required, the Cook Freeze will select employees to be made redundant, taking into consideration capacity to undertake work in both the relevant work area and other work areas, and the level of skill of the employee in relation to future work requirements. Provided that there is to be full consultation with the affected employees' Union.

(4)

Transfer to Lower Duties Where the Cook Freeze has made a decision to make a position redundant, then prior to making any employee redundant Cook Freeze will, in the first instance, look for alternative employment on site within that employee's Award area coverage area, and within the employee's skill and capabilities . Where a position. is found, the employee will be offered the opportunity to be transferred to it. If such employee is transferred to tha. lower paid position the employee will not suffer any loss of pay . Employees

12

transferred to a lower paid position will have 50% of any future wage increases;gained through Enterprise bargaining, absorbed into any over agreement payment resulting from the transfer. The remaining 50% of any future wage increase will be passed on to such employee. The arrangement of 50% absorption will remain it place until such time as the over-agreement payment is completely absorbed. (4) Period of Notice Where employee have been selected for redundancies, the Company shall give such employees the following periods of notice or payment in lieu thereof: Period of Service Up to 1 year 1 and up to 3 years 3 and up to 5 years 5 years and over Period of Notice 1 week 2 weeks 3 weeks 4 weeks

In addition to the above notice employees over 45 years of age at the time of notice being given and with not less than two years continuous service, shall be entitled to one additional weeks notice . Severance Payment Employees who are selected for redundancy shall receive three weeks pay on redundancy, plus a further two weeks pay for each completed year of service, up to a maximum of 52 weeks pay. "Weeks' Pay" means the ordinary time rate of pay for the employee concerned . overtime or shift allowance or any other penalty or allowance . (6) Other Entitlements Employees selected for redundancy shall be entitled to the following : One day's time off with out loss of pay during each week of notice for the purpose of seeking other employment. Conditional on agreement with Company; (ii) (iii) Counselling services through the Employee Assistance Program: Assistance with C.V . or Resume preparation It shall not include any

This clause will not apply to an Employee (a) whose employment is terminated as a consequence of serious misconduct, (b) engaged on a casual basis, (c) engaged for a specific period of time or for a specified task or tasks, (d) whose employment is terminated due to the ordinary and customary turnover of labour; (e) who has less than one year's continuous service ; or (f) who is offered acceptable alternative employment. 4.12 Transmission of Business Despite any provision of this agreement to the contrary or any other operation of law, where there is a transfer of the business to a new employer the following shall apply : (i) (ii) (iii) (iv) this agreement shall bind the new employer; an employee covered by this agreement who is offered employment by the new employer, shall not receive and is not entitled to receive any severance pay or payment is lieu of notice from Cook Freeze ; the continuity of the employee's contract of employment is taken not to have been broken; and the period of service with Cook Freeze is taken to be a period of service with the new employer

In this clause: "transfer of the business" means the transfer, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of the business, undertaking or establishment to which this agreement applies .

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"new employer" means an employer who becomes bound by this agreement as a result of the transfer of the business to the new employer. PART 5: 5.1 Classifications "Employee Level 1 (82%)" General - A Levei I employee undertakes induction training including : a variety of information on the nature of the enterprise company mission statement conditions of employment work procedures documentation procedures occupational health and safety total quality management career path opportunities good manufacturing practice Duties and Responsibilities - An employee at this level will perform routine duties of essentially a manual nature and to the level of their training including : (a) (b) (c) (d) (e) Exercises minimal judgement ; Works under direct supervision or instructions ; Works within sate working procedures; Maintains hygiene of work area: Is aware of the importance of preventing microbiological hazards . WAGES AND RELATED MATTERS

Example Tasks - Tasks similar to a Level 2 employee but the trainee is under instruction and directly supervised. (2) "Employee Level 2 (87.4°/x)" General - An employee at this level will have completed structured training so as to enable the employee to perform work within the scope of this level. Duties and Responsibilities - An employee at this level performs work at a higher skill level than an employee at Level 1 and to the level of their training including: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Works under supervision either individually or in a team environment; Understands the basic quality inspection and assurance procedures including the ability to recognise basic quality deviation/faults ; Undertakes routine manual handling ; Operates minor equipment and/or operates major equipment for cleaning purposes; Records simple data, performs basic mathematical calculations and maintains records ; Measures accurately using measuring equipment eg. scales and measuringjcgs ; Works within safe working procedures ; Maintains hygiene of work area; Possesses basic interpersonal and communication skills; Works to ensure good manufacturing practice.

Example Tasks (a) (b) (c) Operating Holac dicer. Operating carton sealers and packing finished product into cartons. Operating printers .

(d)

Operating computers . Operating scales . Operating forklifts and/or walkie forklift, pallet jacks, pallet bikes . Operating crate washer. Operating floor scrubber. Packing food product and check weighing product. Collecting and disposing of refuse. Portioning food products . Palletising finished product. Completing requisitions.

(e) (t) (g) (h) (i) (I) (k) (I) (m)

"Employee Level 3B (90%)"

General - An employee at this level will have completed structured training so as to enable the employee to

perform work within the scope of this level . The employee will also have experience at Level 2 in two work areas.

Duties and Responsibilities - An employee at this level performs work at a higher skill level than an employee

at Level 1 and to the level of their training including: . (a) (b) (c) (d)

Example Tasks

Works under general supervision ; Is responsible for the quality of their work; Possesses sound interpersonal and communication skills ; Operates one or more major processing machines, including routine maintenance functions without the requirement to use batch sheets or perform more than routine data recording. Operates Operates Operates Operates Operates Operates Bakery/Meat Revent Ovens. Greer Multipurpose Oven . Steam Peeler. Urschel Dicer. Steam Jacketed Kettles. Tray Lid Sealer.

(a) (b) (c) (d) (e) (f) (4)

"Employee Level 3A (92.4%)"

General - An employee at this level will have completed structured training so as to enable the employee to

perform work within the scope of this level. The employee will also have experience at Level 2 in two work areas.

Duties and Responsibilities - An employee at this level performs work at a higher skill level than an employee

at Level 2 and to the level of their training including : (a) (b)

Is responsible for the quality of their own work; Possesses sound interpersonal and communication skills ; Is able to understand detailed instructions and work from procedures such as batch sheets and picking slips; Is required to perform mathematical calculations, interpret data and, as necessary, report or act on this information. ]'reduction Clerk.

"Employee Level 4 (96%)"

General - An employee at this level will have completed structured training so as to enable the employee to perform work within the scope of this level . The employee will have worked at Level 3 and also will have worked in a minimum of two work areas. Duties and Responsibilities - An employee at this level performs work at a higher skill level than an employee at Level 3 and to the level of their training including: (a) Operates major processing equipment (including routine maintenance functions) and is also required to understand detailed instructions and work from procedures such as batch sheets, requisitions and picking slips; Is able to perform mathematical calculations, interpret data and, as necessary, report or act on this information as required; Is able to co-ordinate work in a team environment under limited supervision .

(b) (c)

Example Tasks (a) (b) (c) (d) (e) (f) (g) (h) (i) (1) (k) (I) (m) (n) (6) Operate Bakery/Meat Revent Ovens. Operate Greer Multipurpose Oven. Operate Steam Peeler. Operates lJrschel Dicer. Operates Steam Jacketed Kettles. Operates Tray Lid Sealer. Use batchsheets to fully prepare product . Receive inward goods . Assemble raw materials for processing. Loading and despatching orders. Management and use of computerised stores information systems . Conduct stock audits . Maintains accuracy and control of stock lines. Undertake quality inspection checks of raw materials .

"Employee Level 5 (100%)" General - An employee at this level will have completed structured training so as to enable the employee to perform work within the scope of this level . The employee will have worked at Level 4 and also will have worked in a minimum of three work areas. Duties and Responsibilities - An employee at this level performs work at a higher skill level than an employee at Level 4 and to the level of their training including : (a) (b) (c) (d) (e) (t) (g) (h) (i) G) Possesses an advances level of interpersonal and communication skills ; Implements total quality management techniques and procedures; Understands and is responsible for a work area or areas; Exercises discretion within the scope of this level ; Allocates priorities to and schedules for £lose tasks responsible for : Supervisors others ; Stands in for supervisory staff as required ; Demonstrates problem solving skills; Ensures compliance to safe work procedures ; Ensures compliance to good manufacturing practice;

Fxample Tasks (a) (b) (c) (d) (e) (1) (g) Conduct on-the-job training . Allocate task to personnel within the team . Prioritise daily, work for the team. Maintain effective supplier relationships . Conduct basic quality checks on work of others. Bag Line Team Leader. Bakery Team Leader.

"Employee Level 6 (105%)"

16

General - An employee at this level will have completed structured training so as to enable the employee to perform work within the scope of this level. The employee will have worked at Level 5 and also will have worked in a minimum of three work areas. Duties and Responsibilities - An employee at this level performs work at a higher skill level than an employee at Level 5 and to the level of their training including : (a) (b) Possesses a highly developed level of interpersonal and communication skills ; Application of skills of planning, co-ordination, training or supervision .

EExample Tasks (a) (b) (c) (d) (e) 5.2 Vegetable Preparation Team Leader. Process Area ]'earn Leader . Kettlebank Team Leader. Freezer Team Leader. Packing Lines Team Leader.

Wages rates

The wages payable to employees covered by this Agreement are set out in Schedule I to this Agreement. 5.3 (I) (2) 5.4 (1) Payment of Wages Except where otherwise mutually agreed, wages shall be paid weekly . Wages may be paid fortnightly by mutual agreement between Cook Freeze and the majority of employees . Payment may be made in cash, by cheque or electronic transfer of funds, the method of payment is at the absolute discretion of Cook Freeze. The payment will ordinarily be by electronic funds transfer. Allowances Tin Cleaning Allowance - When an employee is engaged upon washing tins, other than by means of a tin washing machine, and by doing so :s subject to wet conditions, he or she shall be paid an extra 16 .6 cents per hour whilst so engaged . First-Aid Attendant - An employee holding an approved first aid certificate who is appointed as a first-aid attendant shall be paid $9.30 per week in addition to his ordinary rate of pay . Freezer Tearn - all members of the freezer team undertaking work pursuant to clause 2 .3 of this Agreement will receive an allowance of $1 .17 per hour for each hour of freezer team duties. Lavatory Cleaning Allowance - Employees required to clean lavatories shall be paid an allowance of $6.60 per week in addition to their ordinary rate of pay . (5) Health and Safety Representative - All elected Workplace Health and Safety Representatives shall be paid a weekly allowance of $10 .00. 'This allowance will increase by 4.1% on the 17'' November, 2006. Numbers of Health and Safety Representative are solely at the discretion of Cook Freeze Management. Cook Freeze reserves the right to withdraw Health and Safety Representatives status from any employee if Cook Freeze deems adequate health and safety duties are not being performed . 5.5 (1) Occupational Superannuation Cook Freeze will conn'ibute to the relevant fund on behalf of each eligible employee, that percentage o' superannuation contribution (cunrently 9%) based on ordinary time earnings as is required to comply with the Superannuation Guarantee (Administration) Act 1992 (Cth), as amended fi'om time to time . For the purposes of this clause, the terms are defined as follows : "Eligible employee" shall mean an employee having completed one months service and shall include casual employees except those who are engaged to cover absenteeism or to fill any other short term labour requirement. (b) "Relevant fund" shall mean the AUST (Qld.) Superannuation Fund or The Australian Retirement Fund (ARF).

17

(2) (3) (4)

(2)

(c) PART 6: 6.1 (1) (2) Hours

"Ordinary time earnings" shall include shift allowances . HOURS OF WORK, OVERTIME

The ordinary working hours will be 38 hours per week. It is agreed that hours of duty shall be organised so as to permit Cook Freeze's business to be efficient and to fulfil the reasonable needs of the Employees . The spread of ordinary hours far employees covered by this Agreement shall be 5.00am to 7.00pm, Monday to Friday, inclusive.

(4)

Any employee whose ordinary hours fall wholly or mainly outside of the hours prescribed in sub-clause (3) shall be deemed to be shift workers and shall receive a shift loading of 15% in addition to their ordinary rate of pay . Night Shift-Any employee whose hours fall wholly or mainly past 10 .00 pm will be deemed to be Nigh: Shift workers and shall receive a shift loading of 20% in addition to their ordinary rate of pay .

(6) (7)

The ordinary starting and finishing times of various groups of employees may be staggered within. the ordinary hours provided there is mutual agreement between Cook Freeze and the employees affected . The maximum amount of ordinary hours an employee may be required to work in any one day shall not exceed 10 hours. Changes can only be made where there is agreement between Cook Freeze and the majority of employees concerned . .411 time worked on Sunday shall be at 200% of the ordinary hourly rate aid all time worked on a Public Holiday shall be at 250% ofthe ordinary hourly rate. Employees may be required by Cook Freeze to perform shiftwork for a limited period (not exceeding 12 weeks) to meet the demands of the business . Cook Freeze will in the first instance seek volunteers to perform that work.

(8)

(10)

If insufficient numbers of employees volunteer to perform that work, then Cook Freeze will select employees for the shiftwork . Employees must not unreasonably refuse to perform the shiftwork if selected . Cook Freeze will take into consideration employees with genuine parental requirements . Rostering Arrangements Where a rostered day off falls on a public holiday the employee and Cook Freeze shall agree to an alternative day off in lieu thereof. Cook Freeze agrees to fairly spread rostered days off from Monday to Friday for all employees . An employee shall be advised by Cook Freeze at least seven clays in advance of entitlement to a rostered day off. All times worked on an employee's rostered day off shall be paid for at the appropriate overtime rate (time and a-half for the first three hours, double time thereafter) with a minimum payment as for 3 hours work: Provided that by mutual agreement Cook Freeze and the employee may agree to substitute another day is lieu of the rostered day off, 'n which case the day that had been rostered off will be regarded as an ordinary working day .

6.2 (1) (2) (3) (4)

6.3 (1) (2)

Meal and Crib Breaks Meal breaks will be taken as agreed between the parties at times which meet the needs of the operation and the reasonable interests of employees . A mca : break of not less than 30 minutes will be allowed between 3.5 hours and 5 hours from the time of commencement of work. This span may be altered by mutual agreement between Cook Freeze and employees affected .

18

During an ordinary shift of eight hours, employees will be entitled to two paid breaks of no more than 10 minutes each which may be taken within the two halves of their work day . Employees working more than four consecutive hours but less than eight, on any one day, shall receive a paid break of not more than 10 minutes duration, additionally employees working in excess of five hours subclause (2) hereof shall apply. Such breaks will be taken at times which minimise disruption to the operations of the business. (4) Employees who are required to continue to work after their usual ceasing time will be entitled to a 30 minute crib break after 2 hours . After each further period of 4 hours the employee will be entitled to a 45 minute crib break . No deduction of pay will be made in respect of any such crib breaks : Provided that if an employee is required to work overtime in excess of four hours before the ordinary starting time on any ordinary working day, or on a Saturday, Sunday or public holiday, such employee will be allowed a break of 30 minutes for a meal in Cook Freeze' time after the expiry of the first four hours and after each subsequent 4 hours worked . Shift workers shall be allowed a break of not less than 30 minutes for the purpose of crib, such time to be counted as time worked . Crib time shall be commenced as near as practicable to the middle of the shift and in any event, shall be commenced not earlier than 3 ..5 hours after the commencement of the shift and not later than 4.5 hours after such commencement : Provided that such break shall be taken at a time and in such manner that it will not interfere with continuity of work where continuity is necessary. 6.4 (1) Overtime It is a term of this agreement that Employees shall make themselves available to work reasonable overtime in order to meet the operational requirements of the business . Where practicable, employees will be provided with 24 hours notice that they are required to work overtime . Overtime shall be paid at the rate of 150% of the ordinary hourly rate for the first 3 hours, on any day, and at 200% of the ordinary hourly rate thereafter on any day : Provided that all overtime worked on a Sunday shall be paid at the rate of 200% of the ordinary hourly rate. (4) Employees recalled to work on week days after ordinary ceasing time shall be provided with a minimum of two hours' work or paid for a minimum of two hours a.. overtime rates: Provided that in emergent circumstances, where an employee is required to work overtime not exceeding thirty minutes in its duration immediately following his or her usual finishing time, such employee shall be paid as for thirty minutes' work at the appropriate overtime rate. Employees required to work overtime on Saturdays, Sundays and holidays shall be provided with a minimum of four hours' work or paid for a minimum of four hours at overtime rates. An employee who works so much overtime between the termination of the employee's ordinary work or. one day and the commencement of the employee's ordinary work on the next day that the employee has not at least ten consecutive hours off duty between tnose times shall, subject to this subclause be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence . If on then instructions of Cook Freeze the employee resumes or continues work without having had such ten consecutive hours off duty the employee shall be paid double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ter consecutive hours off duty withow loss of pay for ordinary working time occurring during such absence . The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another as if eight hours were substituted for ten hours when overtime is worked. (a) (b) (c) for the purpose of changing shift rosters ; or where a shift workers does not report for duty; or where a shift is worked by agreement between the employees themselves with the approval of Cook Freeze .

(2)

(5) (6)

PART 7 7.1 (l)

LEAVE, PUBLIC HOLIDAYS Annual Leave Every employee, other than a casual employee (including a long term casual employee), covered by this Agreement shall at the end of each year of his/her employment be entitled to annual leave on full pay of four weeks. Such annual leave shall be exclusive of any statutory holiday which may occur during the period of that annual leave and shall be paid for by Cook Freeze in advance at the ordinary rate payable to the employee concerned immediately prior to that leave, together with a 17.5 per cent loading . If the employment of any employee is terminated at the expiration of a full year of employment he/she shall be paid, in addition to any other amounts due, ordinary pay for a period of four weeks and also ordinary pay for any statutory holidays occurring during such period of four weeks.

(2)

(4)

Where the employment of any employee is terminated at the end of a period of employment of less than a full year Cook Freeze shall forthwith pay to the employee an amount equal to one-twelfth of ordinary pay earned for that period of employment. Unless the employee agrees otherwise, at least one month's notice of the commencement of annual leave shall be given to the employee. Except as hereinbefore provided it shall not be lawful for Cook Freeze to give or for any employee to accept payment in lieu of annual leave: Provided that the annual leave taken at the time concerned shall not be extended.

(5) (6)

(7)

Should an employee become sick during the period of annual leave, such employee shall be entitled to claim sick leave in lieu of annual leave for only such period where the duration of such sickness extends ever five or more days: Provided that a certificate from a duly qualified medical practitioner shall be submitted to Cook Freeze covering the period of such sickness : Provided further that such annual leave credits as may accrue to an employee pursuant to this subclause shall be taken at such time as shall be mutually agreed upon between Cook Freeze and employee. Where Cook Freeze closes clown the plant for the purpose of overhaul and/or allowing annual holidays to be taken and there are persons who have not qualified for the full period of four week's annual holiday Cook Freeze may in respect of such persons :(a) (b) Pay to such employees an amount equivalent to one-twelfth of one week's wage for each week of service and stand them off during the balance of the close-down without pay; or Allow such employees to take the full four weeks annual holidays, in which case no further annual holiday shall commence or accrue until the expiration of the fdl period which would have qualified the employees for such holidays: Provided however, that such employees reporting for work on the first work day following the closedown period shall be paid for all statutory holidays occurring during the said period of close-down . Notwithstanding the foregoing, employees (other than casual employees, including long term casual employees) shall be entitled to Annual Leave as follows :(a) (b) An employee previously entitled to 4 weeks annual leave under paragraph entitled to 152 hows of annual leave.

(lxi) above

shall be

Accumulated Annual Leave entitlements shall be converted to an entitlement of hours using the tonttula :existing entitlement in hours x 38,/40 -- new entitlement in hours and such entitlement shall be taken on the basis of an 8 hour day .

20

(c)

An employee on annual leave shall be rostered off one day in each four week cycle and such rostered day oft' shall be exclusive of any annual leave entitlement.

(10)

Long-term casual employees (a) (b) A long-term casual employee is entitled to a maximum of 2 week's unpaid leave per year. Leave does not accumulate from year to year. Long-term casual employees must give Cook Freeze at ]east 1 months notice of their intention to take unpaid leave . In deciding whether to approve the leave Cook Freeze will take into account the operational requirements of the business . Applications to take unpaid leave will not unreasonably be refused. A "long-term casual employee" is a casual employee engaged by Cook Freeze, on a regular and systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 7.1(10)(a) .

(c) (11)

Annual leave will be calculated at the ordinary time rate of pay for the employee concerned . It shall not include any overtime or shift allowance or any other penalty or allowance, except for the freezer allowance, which will be included. Statutory Holidays All work done by an employee on Good Friday, Christmas day, the twenty-fifth day of April (Anzac Day), the first day of January, the twenty-sixth day of January, Faster Saturday (the day after Good Friday), Easter Monday, the Birthday of the Sovereign, and Boxing Day, or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday, shall be paid for at the rate of double time and one-half. All employees covered by this Agreement shall be entitled to be paid a full day's wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition a payment for the time actually worked by him at one and one-half times the ordinary rate prescribed for such work with a minimum of four hours. All work done by employees in a district specified from time to time by the Minister by notification published in the Gazette on the day appointed under the Holidays Act 1983 to be kept as a holiday in relation to the annual agricultural, horticultural, or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and one-half. For the purpose of this provision, where the rate of wages is a weekly one "double time and one-half" shall mean one and one-half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day . All time worked on any of the aforesaid holidays outside the ordinary starting and ceasing times prescribed by this Agreement for the day of the week on which such holidays falls shall be paid for at two and one-half times the rate prescribed by the Award for such time when worked outside the ordinary starting and ceasing times on an ordinary working day . Any and every employee who, having been dismissed or stood down by Cook Freeze during the month of December in any year, shall be re- employed by Cook Freeze at any time before die end of the month of January in the next succeeding year shall, if that employee shall have been employed by Cook Freeze for a continuous period of two weeks or longer immediately prior to being so dismissed or stood down, be entitled to be paid and shall be paid by Cook Freeze (at the ordinary rate payable to that employee when so dismissed or stood down) for any one or more of the following holidays, namely Christmas Day, Boxing Day, and the first day of January, occurring during the period on and from the date of his dismissal or standing down to and including the date of his re-employment as aforesaid.

7.2 (1)

(2)

Where an employee's rostered day off falls on one of the holidays mentioned in subclause (l) above, another day shall be substituted by Cook Freeze; as the rostered day off, within the same 4 week cycle . If necessary to best meet the operational needs of Cook Freeze, by the agreement of the majority of employees concerned and in consultation with the Joint Consultative Committee, statutory holidays may be substituted for another day so agreed . In the case where an employee is required to work on that substituted day, such employee shall receive the rate of pay that would have otherwise applied on the substituted public holiday .

2:

7.3 (1)

Sick Leave Every employee absent from work through illness shall, on the production of a certificate from a duly qualified medical practitioner specifying the nature of the illness to the satisfaction of Cook Freeze, shall be entitled to payment in full for all time the employee is absent from work up to a maximum of ten (10) days' wages in respect of any one year . This subclause shall apply subject to the employee having promptly notified Cook Freeze of the employees illness and the approximate period of the such illness . Provided that the sick leave prescribed herein shall be cumulative, but unless Cook Freeze and the employee otherwise agree, no employee shall be entitled to receive, and Cook Freeze shall not be bound to make, payment for more than. thirteen weeks' absence from work through illness in any one yearIt shall not be necessary for an employee to produce such a certificate if the absence from work on account of illness does not exceed two (2) days. Every employee shall, upon termination or resignation, be Paid is full at the employees ordinary rate of wages, any untaken sick leave then standing to the employees credit : Provided the maximum payment for such untaken sick leave upon termination would be as per sick leave to the employees credit on 27 July 1988 . (a) an employee shall be entitled to not less than 76 hours sick leave for each completed year of employment with Cook Freeze (b) sick leave shall be exclusive of any rostered day oft' which may occur during the period of that sick leave. If the pre --July 1988 entitlement still exists for any employee, the conversion calculation in old part (b) should remain. Where an employee is in receipt of workers' compensation, the employee is not entitled to payment of sick leave.

(2)

(3) (4)

7.4 (1)

Long Service Leave All employees covered by this Agreement shall be entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Division 3 of Part 12 of the Industrial Relations Act 1999 as amended from time to time. Family Leave The provisions of the Family Leave Award, as in effect at the date of certification of the agreement, apply to and are deemed to form part of this Agreement. It is noted that: (a) (b) (a) part-time work can be performed by agreement in the circumstances specified in the Family Leave Award; a copy of the Family Leave Award is required to be displayed in accordance with section 697 of the Act . (3) Employees shall be entitled to up to 10 days special responsibility leave.

7.5 (1) (2)

7 .6 (1)

Bereavement Leave Full-time and part-time employees Full time and part-time employees shall, on Le death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of Cook Freeze . Long-term casual employees (b) A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person's immediate family or household in Australia. (c) A ";ong-term casual employee" is a casual employee engaged by a particular employer, on a regular and systematic basis, for several periods of employment during a period of at least I year immediately before the employee seeks to access an entitlement under clause 7.6(2).

22

(2)

"Immediate family" includes : (a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee ; and (b) A child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. (4) Unpaid leave An employee, with the consent of Cook Freeze, may apply for unpaid leave when a member of the employees immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient. TUTA Leave Upon written application by an employee or the LHMU on behalf of the employee, such employee shall be entitled to up to five working days leave on ordinary pay each year to attend specific training courses conducted by the LHMU. The taking of TUTA Leave shall be arranged as to minimise any adverse effect on Cook Freeze's operation and shall, as far as possible, give Cook Freeze at least two months notice. Not more than three employees shall attend a course at any one time. The scope, content and level of the course shall be such as to contribute to a better understanding of industrial relations and workplace issues within Cook Freeze's operation . The taking of TUTA Leave will not affect other leave granted to employees under this Agreement, nor shall it adversely affect the employee's service for the calculation of leave entitlements . (6) PART 8 : 8.1 (1) Cook Freeze may refuse any unreasonable requests for TUTA Leave. Cook Freeze may refuse to allow an employee to take TUTA Leave based on the operational requirements of the business . MISCELLANEOUS

7.7 (I)

(2) (3) (4)

Right of Entry An Authorised Officer of the Union shall be allowed reasonable access to employees to discuss matters pertaining to the Union with members and potential members . On entering the workplace for the purpose of such discussions, the Authorised Officer must first notify Cook Freeze (or Company's representative) of the Officer's presence .

(2)

The Union undertakes not to interfere with the continuity of work where Cook Freeze deems continuity necessary . 'I' he Union undertakes to conduct in an appropriate fashion, and act in accordance with the rules that exist within Cook Freeze's business.

(4) 8.2 (1)

Cook Freeze agrees that the Officials of the Union will be permitted entry to areas where they have ready access to members or potential members, such as lunch room visits . Time and Wages Records Cook Freeze shall keep and have available a complete record of employees subject to this Agreement who are for the time being in Cook Freeze's employment or who were in employment at any time during the period of six years immediately preceding, showing their designation, rates of wages and times of starting and ceasing work. Such record shall be open to inspection during working hours by an Officer of an industrial Organisation prescribed in Clause 1 .6, duly authorised under Industrial Relations Act 1999.

(2)

8.3

Copy of Agreement

A complete copy of this Agreement shall be exhibited in a conspicuous and convenient place on the premises of Cook Freeze and shall be readily accessible to employees . 8.4 Union Delegates Delegates of Union representatives shall be granted reasonable facility in carrying out of their duties . This includes but may not be limited to the reasonable use of a telephone, facsimile machine and email access. (2) 8.5 (1) (2) Delegates appointed by employees shall be allowed the necessary time during working hours to interview Cook Freeze or representative and employees on matters affecting them. Union Encouragement Cook Freeze recognises that the Union listed in Clause 1 .6 of this Agreement has rights of representation of employees covered by this agreement . Cook Freeze agrees to provide employees, at the point of engagement, with a document indicating that a QIRC Statement of Policy on Union Encouragement exists and that the Agreement under which the employees would be employed encourages union membership . Cook Freeze undertakes, upon written authorisation from the member, to deduct anion membership dues as levied by the union in accordance with its Rules, from the pay of employees who are members of the union. Monies collected will be forwarded to the union at the beginning of each month together with all information to enable the reconciliation and crediting of subscriptions to members' accounts . 8.6 (1) (2) General Conditions Lockers - Cook Freeze shall provide lockers, showers and dressing rooms for employees and maintain them in a satisfactory condition with the co-operation of the employees . Hot Water - Cook Freeze shall provide equipment and facilities for the supply of boiling water at rest breaks and meal times . Conveyance - Where employees have been working overtime outside normal rostered hours, Cook Freeze shall provide conveyance to transport employees to the railway station or bus stop most convenient to the work place to commute to their places of residence when such employees cease work after their usual form of public transport is not available. (4) 8.7 (1) (2) . First Aid Cabinet - A first aid cabinet shall be available. Such first aid cabinet shall be kept and maintained in accordance with the provisions of the relevant legislation . Protective Clothing Freezers - Freezer suits and boots shall be supplied by Cook Freeze for employees working in freezers. Elsewhere - Cook Freeze shall provide, free of cost to the employee, working attire comprising aprons and/or overalls, caps and hygienic footwear . Such attire to be maintained and laundered by Cook Freeze and shall remain the property of Cook Freeze . Penalty Rates and Loadings are not Cumulative Notwithstanding anything in the agreement to the contrary, penalty rates and loadings are not cumulative.

8.8

SIGNED FOR AND ON BEHALF OF) Cook Freeze Pry Ltd )

r Si' at ure,.. . .Title

z-

_ . .. . . . . .

Printed Name .~ In the presence of: Dated :? MfFP-C.fP 2.OOFAND SIGNED FOR AND ON BEHALF OF ) Signature . . . . . . . . Printed Name . . . . . Signature . . . :J. .`.T!~ Title .. . . . .M.t4SSo+'\/ .. . . . . . . . . . . .

Liquor Hospitality and Miscellaneous Union )

~ Queensland Branch Union of Employees )

In the presence of. Dated : LZ /11pal" z cJO~

Printed Name . . Signature .. . . .

V.

~h,^~ . . . . . . ...

`('G. .Y~1y. .SC~lJ

Printed Name. .~,~Ce

SCHEDULE1 ORDINARY FULL TIME AND PART TIME HOURLY RATES OF PAY

CLASSIFICATION LEVEL Level 2 Level 3A Level 3B Level 4 ~ Level 5 Level 6

CurrentRates INCREASE FROM 17/11/2005 4.1% 13 .4947 14.0479 14.0979 14 .6759 13.8092 14.3753 14.5308 15.1265 15.0134 15.6289 1 .5.7168 16 .361 1

INCREASE FROM 17/11/2006 4.1% 14.6238 15.2776 14.9646 15 .7466 16.2696 17.031

CASUAL RATES OF PAY CLASSIFICATION !LEVEL Level 2 Level 3A Level 3B Level 4 Level 5 Level 6 Current Rates INCREASE FROM 17/11/2005 4.1% 16.5985 17.2789 17.3404 18.0513 16.0997 16.7597 17.8729 18 .6056 18.4665 19.2236 19.3317 20.1242 INCREASE FROM 17/11/2006 4.1 17.9873 18.7914 17 .4468 19.3684 20.0117 20.9492

_

WEEKLY RATES OF PAY CLASSIFICATION . Current LEVEL Rates Level 2 Level 3A Leve13B _Lev_e:4 Level 5 Level 6 512 .80 535 .72 524 .75 552 .17 570 .51 597.24 INCREASE ASAT 17/11/2005 4.1% 533 .82 577 .68 546 .26 574 .80 593 .90 621 .72 INCREASE I Total FROM Increase 17/11/2006 4.1% _ 555 .70 42.90 580 .54 44.82 568 .65 43.90 598 .37 46.20 618 .24 47.73 647 .178 49.93

Information

CA202_2006 - Cook Freeze Certified Agreement 2006

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