Australian Liquor Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Goldline Foods Pty Ltd [1995] QIRC 745 (1996) 151 QGIG 1017

1016 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE ( 16 February, 1996 16 February, 1996) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E 1017 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISS ION Industrial Relations Act I 990 s. 147 - application for variation Australian Liquor Hosp itality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Goldline Foods Ply. Ltd (No. B708 of !995) TAKE-AWAY FOOD PRODUCTION EMP LO 'a'£ES- GO LO EN DRAGON PRO DUC TS, ZIL LME RE INDUST RI AL AGREEMENT COMMISSIONERS EDWARDS, FISHER. DEMPSEY 23 October 1995 VARJATlON THIS matter coming on for hearing before the Commission at Brisbane on 18 Jul y, 30 August, and 23 October, 1995. this Commission doth order that the said Industrial Agreement be varied as follows as from the dates outlined:- From I November 1995: I. By deleting clause I.I (Tit le) and inserting the following in lieu there of:- "1.1 Tit le This Industrial Agreement sh all be known as the Take-Awa y Food Production - Golden Dragon Produ cts - Industrial Agreement.". 18239_1.DOC -- 1 of 3 -- 1018 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 16 February, 1996 2. By deleting clause 1.2 (Application) and inserting the following in lieu thereof:- "1.2 Application This Agreement shall apply to all cmployccs employed in the manufacture of pastry goods and/or similar products. prepared meals and/or dishes. and other foodstuffs packaged for sale by Goldlmc Foods Pty Ltd and to Lheir employer.". 3. By deleting clause 1.3 (Preference) and inserting the following in lieu thereof "1.3 Preference ( 1) Preference of employment under this Industrial Agreement shall be given to financial members of the Australian Liquor. llospitality and Miscellaneous Workers Union. Queensland Branch. Union of Employees or if no such financial members are available. then those persons who give an undertaking in writing Lo join the Union within 14 days from the date of commencing employment. (2) No person shall be deemed to have made an application to b.::come a financial member 01· the Union unless that person has tendered the fee prescribed by the rules of the Union to some person authorised to receive such fee on the Union· s behalf. (3) Preference is granted subject to the employer not being required to give preference to a Union member over a per-.on who has a current certificate issued pursuant to section 388 of the lnJustrial Relations Act. ( 4) In all cases members of the Union will be granted preference in the following matters:-- (a) engagement in employment (b) promot1011: ( c) retention in employment: (d) taking annual leave: (c) overtime: (I) vocational training.". 4. By deleting clause 2.2 (Wage Rates) and im,crting the foll<ming in lieu thereof:-- "2.2 Wage Rates (a) Thc minimum weekly rates of pa 1 for employees covered by this Agreement shall be as follows -- Clas~iticatio11 and Relat,,ity Base Rat: Suppbnentary Total Per Wed; Pavmcnt Agreement Rate l\:r \\ cck a'.' at 11,396 Per Weck s s s Level I (78%) ... . 284.80 56.60 341.40 Level 2 (82%). 299.50 58.60 358 J() Levd 3 (87.4°/o) 319.20 61.40 380.60 Level 4 (924%) .... ........ 337.40 64.10 401.50 Level 5 (96%) ..... 350.60 65.90 416.50 Level 6 ( I 00%) 365.20 68.00 433.20 Note Until the Total Agreement Rate from l l/3/96 is effective it \\ill be necessary to refer to Schedule "A" Junior Employees The minimum rates of pay for junior employees shall be ascertained by calculating the following percentage of the rates herein before prescribed for "Level r and adjusting the result to the nearest multiple of ten cents, with any result of five cents being taken up to the next ten cent multiple:- Year of Age Under 16 years of age .. 16 and under 17 years of age .... Percentage of minimum minimum adult rate % I 7 and under 18 years of age.. . .. ............ . 45 50 55 18 and under I 9 years of age.. .............. ..... ... 65 19 and under 20 years of age.. 75 20 and under 21 years of age.. . ... 85 And thereafter at the appropriate rate of pay prescribed for adults: Provided that no employee shall sutler a reduction in actual wages paid as a result of this variation to the Agreement. (b) The agreement rate includes wage increases and adjustments arising from State Wage Case decisions colloquially rcfoITed to as: 2nd tier Adjustment; I st and 2nd Structural Efficiency Adjustment. Safety Net Adjustments and Minimum Rates Adjustment. (c) The interim supplementary payment at each classification level includes the first and second $8.00 adjustments reflecting the application of the arhitrated safety net adjustment principle enunciated in the rebruary 1994 Review of Wage fixing Principles and the December 1994 State Wage Case Consistent with the requirements of those principles the $8.00 safety net adjustments are absorbable to the extent of any equivalent amount in rates of pay whether ovcraward, award, industrial agreement or certified agreement in excess of the minimum rates (classification rate and supplementary payments) prescribed in accordance with the October 1989 State Wage Case decision and adjusted in accordance with the July 1991 State Wage Case decision. Overaward Pavment is defined as the amount in rates of pay which an employe~ would receive in excess of thc minimum award "age as prescribed in this Agreement for the classification in which such employee is engaged which applied immediately prior to the date of operation of this variation: Provided that this definition shall exclude overtime. shift allowances. penalty rates. expense related allowances. industry allov.:ance. disability allowances. vacation allowances. special rates or allowances. responsibility allowances. or any other ancillary payments of a like nature described hy this Industrial Agreement.''. 5. By deleting clause 2.3 (Definitions) and inserting the follov,ing in lieu thereof:- "2.3 Definitions (I) Manufacturing/Production Worker Level An employee at this level undertakes induction training which mav include infomrntion on the enterprise. conJitions of employment. introduction to supervisors and fellow workers. training and career path opportunities. plant layout. work and documentation procedures. occupational health and safety. equal employment opportunity and quality control/assurance. An employee at this level perfrmns routine duties essentiaily of a manual nature and to the level of their training. 18239__ I.DOC 16 February, 1996] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1019 Skills/Duties A Manufacturing/Product10n Worker Level 1 (a) performs routine duties associated with the relevant manufacturing process including labouring and cleaning duties: (b) exercises mmimal judgement: (c) works under direct supervision in the following functions:- performs house keeping duties: assists machine operators: perfom1s basic test functions: operates hand operated transport and litling devices: uses selected hand tools: maintains simple records: process worker during induction period learning processing skills. (2) .v1anufacturing/Production Worker Level 2 An employee at this lcvel is onc \.\ho has completed up to three months structured training so as to enable the employee to perform work within the scope of this level. An employee al this level performs above and beyond the skills of an employee at MP I level or has completed an Australian Traineeship System Traineeship. Skill/Duties A Manufacturing/Production Worker Level 2 (a) Works under direct supervision either individually or in a team environment: (b) Lnderstands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviation/faults Indicative of the tasks which an employee at this level may perfom1s arc the following:-· perfonns repetitive work on automatic. semi-automatic or single purpose machines or equipment: assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment: measures accurately using gauges and records: maintains records: process worker having completed induction phase. (3) /\ Manufacturing/Production \1,/orker Level 3 An employee at this level performs work above and beyond the skills or an empioyee at the MP2 and to the level of their training fo1 this lev;;I including appropriate certification. (a) 1s responsible for the quality of own work subJect to detailed direction. (b) works in a team environment and/or under routine superv1s10n. ( c) undertakes duties in a safe and responsible manner: (d) exercises discretion within the employee·s level of skills and training: (e) possesses basic interpersonal and communication skills. Indicative of the tasks which an employee at this level may perform are the following:- operates with flexibility between assembly/process stations: operates machinery and equipment requiring the exercise of skills knowledge and discretion beyond that of an employee at level MP2: basic tracing and sketching skills: receives. despatches. distributes. sorts. checks, packs ( other than repetitive packing in a standard container or containers in which such are ordinarily sold). documents and records details relating to goods, materials and components: basic inventory control 111 the context of a production process: basic keyboard skills; maintains records: operates mixing and milling machines or similar machinery requiring set-up skills. (4) Manufacturing/Production Worker Level 4 An employee at this level performs work above and beyond the skills of an employee at MP3 level and to the level of their training for this level including appropriate certification. Skills/Duties -A Manufacturing/Production Worker Level 4 ( a) is able to understand detailed instructions and work from procedures: (b) is able to co-ordinate work in a team em irnnment under limited supervision: ( c) 1s responsible for quality of own work: (d) possesses sound interpersonal and communication skills: (c) operates mobile equipment including forklifts. hand trolleys. pallet trucks and overhead cranes: ( t) foreperson, packer in charge of packing and despatch department. (5) Manufacturing/Production Worker Level 5 An employee at this level perfom1s work above and beyond the skills of an emplo)ee at MP4 level and to their training for this level including appropriate certification. Skills/Duties A Manufacturing/Production Worker Level 5 (a) understands and is responsible for quality control standards; 18239_1.DOC -- 2 of 3 -- 1020 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 16 February, l 996 (b) possesses an advanced level of' interpersonal and communication skills: (c) possess competent keyboard skills: (d) has a sound working knowledge of production/manufacturing duties performed at levels below this grade, exercises discretion within scope of this grade: (c) may perform work requiring minimal supervision either individually or in a team environment ( 6) Manufacturing/Production Worker Level 6 A Manufacturing/Production Worker Level 6 works above and beyond an employee at MPS level and to the level of their training. applies the skills acquired through the successful completion of a qualification in the production, distribution. or stores functions according to the needs of the enterprises. Skills/Duties Manufacturing/Production Worker Level 6 (a) implements quality control techniques and procedures: (h) umlerstands and is responsible Elr a producl ion area or a large section of a production area: (c) possesses highly developed level of interpersonal and communication skills: (d) possesses the ability to supervise and provide direction and guidance to their employees including the ability to assist in the provision of on-the-job training and induction: (e) exercises discretion within the scope of this grade: (t) exercises skills attained through the successful completion of an appropriate certification: (g) possesses a sound knowledge of the Employers operations. (7) ·casual Emplo)ce' shall mean an employee who is engaged by the hour for a period of kss than thirty-eight hours in any one week.'·. From 2nd .January 1996: 6. By deleting clause 3.1 (Hours of Work) and inserting the following in lieu thereof:-- "3.1 Hours of Work ( 1) The ordinary working hours of all employees shall not exceed an average of 38 hours in any one week or ten ( 10) in any one day to be worked in accordance with a roster agreed between the employer and the majority of employees affected. (2) The spread of hours of 4.30 a.m. and 6.30 p.m. on Mondays to Fridays inclusive. (3) Shift work may he performed outside the hours specified herein by mutual arrangement between the employer and the ljnion. ". 7. By deleting clause 3 .2 (Overtime) and inserting the following in lieu thereof:- "3.2 Overtime ( 1) All time worked in excess of or outside of the ordinary hours as prescribed by clause 3.1 hereof and all time worked outside the advised commencing and ceasing times for an individual employee shall be deemed to be overtime and shall be paid for it at the rate of time and a-half for the first three hours and double time thereatkr. (2) All time worked on a Sunday shall be paid for at the rate of double time. All time worked on a Saturday or a Sunday shall be paid for as prescribed as a minimum payment as for two hours worked. (3) In the compilation of overtime payments, any part of the half hour that is worked on any one day shall be paid for as a full half of an hour. ( 4) Notwithstanding the preceding subclauses where there is \VTittcn agreement between the employee and the employer paid time off may be taken in lieu of overtime. Such time off shall be at the equivalent of the number of hours of ordinary pay that the employee \VOuld have received for such overtime. Accumulated time shall be taken at a time mutually agreed between the employee and the employer, within twelve momhs of such accumulation. Time off in lieu of ove1time shall be banked to a maximum of 38 hours at any one time: Provided that where there is written agreement between the union and the employer such time may be banked in excess of 12 months or 38 hours. Anv accrued time that is outstanding after twelve months (where there is· no written agreement between the union and employer) or at the time of tennination, for any reason, by either party. shall be paid out. al the appropriate rate.''. 8. By deleting clause (1) of clause 5.1 (Annual Leave) and inserting the following in lieu thereof:-- "'( I )(a) Every employee (other than a casual employee) covered by this Industrial agreement shall at the end of each year of employment be entitled to four weeks annual leave on full pay. (b) ( i) The accrual rate for annual leave as from 2 January 1996, shall be 15 2 hours per year ( four weeks annual leave on the basis ofa 38 hour week). (ii) All accumulated or accrued annual leave up to and including January 1996. shall be credited on the basis of a 38 hour week and rates of pay applicable to such leave shall be calculated on the basis of a 38 hour divisor. Consequently. credits will be converted as follows:- Ifin weeks Ifin day If in hours X X X 38 hours 7.6 hours ~o. of hours x 7.6/8 (iii)Leavc debits on or after 2 January 1996, will be equivalent to the ordinary hours the employee would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken. (iv)Rostered days off arising from the implementation of the 38 hour week may be taken in conjunction with a period of annual leave. 18239_I.DOC 16 February, 1996] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1021 (c) Annual leave shall be exclusive of any statutory holiday which may occur during the period of annual leave and shall be paid for by the employer in advance. ( i) In the case of any and every employee in receipt immediately prior to that leave. ordinary pay at a rate in excess of the ordinary rate payable under this Industnal Agreement. at that excess rate; and (ii) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Industrial Agreement. (d) If the employmeni of an employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given Annual Leave to the employee from the date of tem1ination of employment and shall forthwith pay to the employee, in addition to all other amount due, four weeks pay for annual leave calculated in accordance with subclausc (2) hereof: and in addition payment for any statutory holiday/s occurring during such four week period. (e) If the employment of an employee is terminated before the expiration of a full year of employment. such employee shall be paid, in addition to all other amounts due. an amount equal to J /12th of the employee's pay for the period of employment calculated in accordance with subclausc (2) hereof.". 9. By deleting subclausc (I) of clause 5.4 (Sick Leave) and i11serting the following in lieu thereof:- "( I )(a) In respect of employment on or afkr 2 January 1996, every employee shall become entitled to not less that 60.8 hours sick leave for each completed year of employment with the employer. In respect of any period of employment of less than one year on or atlcr 2 January 1996, an employee shall be entitled to 7.6 hours sick ieave for each six weeks of such employment (b) All accumulated or accrued leave up to an including I January 1996, shall be credited on the basis of a 38 hour week and rates of pay applicable to such leave shall be calculated on the basis of a 38 hour devisor. Consequentially. credits will be converted as follows: if in Weeks x 38 Hours ln Days x 7.6 llours If in Hours x No. of Hours x 7.6/8 (c) leave debits on or after 2 January 1996. will be equivalent to the ordinary hours the employee would have worked had they not been absent of sick leave. Such leave will therefore be paid and debited on the basis of hours actually taken. (d) Every employee absent from work through illness on the production of a certificate for a duly qualified medical practitioner specifying the nature of the illness of the employee. and the period or approximate period during which the employee will be unable to work. or of other evidence of illness to the satisfaction of the employer. and subject to the employee having promptly notified the employer of the employee's illness and of the approximate period aforesaid shall, subject as herein provided. be entitled to payment in full for all time that the employee is so absent from work. (e) lt shall not be necessary for an employee to produce a certificate or other evidence as identified in paragraph (d) above 1f the emp!oyee·s absence from work on account of illness does not exceed two days. (f) Sick leave shall be cumulative, but unless the employer and the employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more that thirteen weeks absence from work through illness in any one year. Dated this twenty-third day of October, 1995. Hy the Commission. fL.S.l E. EWALD, Industrial Registrar. Operative Date: I November I 995, 2 January 1996 and l April 1996 Yariat1011 Classification Structure, 1st MR.A and 2nd SNA; 38 Hour Week: 2nd MRA Released: 3 I January 1996 SCHEDULE A As from 1 November 1995 Classdica~ion Existin1l Minimum Interim Agreement Level and Cla,siftcation Classification Supplementary Rate Rciativity Rate Payment A5 From lstMRA Iii !195 Per Week Per Week Per Week Pc; Week s s $ Levtl l (781/o) J.13 4G 8 ()O 14] 40 Level 2 (82%) All Orhecs J37 80 6 20 8 00 352 00 Level 3 (87 4% All Others 337 80 17 40 8 00 36] 20 Level 4 (92 4•1,,) Assistant Cook 345 20 24 20 8 00 377 40 Le\el 5 (%%) l\ss,stant Cook 345 20 JI 70 8 00 384 90 Leve! 6 ( 100%) Cook 353 80 35 70 8 00 397 ~() As from I April 1996 Agreement Classification Minimum lnlerim Rate Level Classification Supplementary As Frum Rate 2nd MRA Payment 1/4/96 Per Week Per Week Per Week Per Week s s $ ~ ! . •·· . ..333.40 8 00 341 .40 2 .. 344.00 6.10 8.00 358 10 ... 355.20 17.40 8.00 .~80 bO ;f ... 369.40 24.10 8.00 401.50 5 376.90 31.60 8.00 416.50 b. ················· ..... 389.50 35.70 8.00 433.20 18239_1.DOC -- 3 of 3 --