WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. PB Foods Ltd and Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch. AG 4 of 2000. PB Foods Ltd Beverage Production (Enterprise Bargaining) Agreement 1999. COMMISSIONER J H SMITH. 13 April 2000. Order. HAVING heard Ms B Gavranich on behalf of the applicant and Mr K Maher on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it un- der the Industrial Relations Act 1979, hereby orders that the agreement made between the parties filed in the Commission on 18 January 2000 titled PB Foods Ltd Beverage Production (Enterprise Bargaining) Agreement 1999 be registered in the terms of the following schedule as an industrial agreement. (Sgd.) J. H. SMITH, [L.S.] Commissioner. ——— 1.—TITLE This Agreement shall be known as the PB Foods Ltd Bever- age Production (Enterprise Bargaining) Agreement 1999. 2.—ARRANGEMENTS 1. Title 2. Arrangement 3. Parties Bound 4. Date & Period of Operation 5. Definitions 6. Relationship to Parent Award 7. Single Bargaining Unit 8. Commitment 9. Flexibility Clause 10. Redeployment 11. Contract of Employment 12. Disputes Settlement Procedure WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1891 80 W.A.I.G. 13. Union Business 14. Parental Leave 15. Introduction of Change 16. Redundancy 17. Protective Clothing & Equipment 18. Training 19. Meal Break 20. Equal Employment Opportunity 21. Movement in Wages 22. Signatories APPENDIXES Appendix A—Rates of Wage Appendix B—C.I.T. & H.R. Consultative Committee Constitution Appendix C—Key Performance Indicators (K.P.I.’s) Appendix D—Equal Employment Opportunity & Af- firmative Action Program Appendix E—Maintenance Flexibility Agreement Appendix F—Process Control Operators Appendix G—Production Shift Addendum Appendix H—Parental Leave 3.—PARTIES BOUND This Agreement will be binding upon the Australian Liq- uor, Hospitality & Miscellaneous Workers Union, Western Australian Branch, PB Foods Ltd and all employees who are or are eligible to be members of the Australian Liquor, Hospi- tality & Miscellaneous Workers Union, Western Australian Branch. It is estimated that this agreement will apply to 34 employees. 4.—DATE & PERIOD OF OPERATION This Agreement will operate from the commencement of the first pay period on or after 16 December 1998 and will remain in operation until 15 December 2000. 5.—DEFINITIONS (1) “the Award” means the Dairy Factory Workers Award 1982. (2) “the Company” means PB Foods Ltd. (3) “the Union” means the Australian Liquor, Hospitality & Miscellaneous Workers Union, Western Australia Branch. (4) “the Commission” means The Western Australian In- dustrial Relations Commission. 6.—RELATIONSHIP TO PARENT AWARD (1) This Agreement will be read & interpreted wholly in conjunction with the Dairy Factory Workers Award 1982. (2) Where there is any inconsistency between this Agree- ment and the award, this Agreement will prevail to the extent of any inconsistency. (3) This Agreement in addition to the award prevails to the extent of any inconsistency over any other registered or un- registered agreement made between the parties prior to the registration of this Agreement. 7.—SINGLE BARGAINING UNIT (1) The Union party to this Agreement, with the employees covered by the relevant award, has formed a single bargaining unit. (2) The single bargaining unit has endorsed the terms of this Agreement. (3) PB Foods Ltd will provide the single bargaining unit with all relevant information to enable effective monitoring of the implementation of initiatives identified in this Agree- ment. 8.—COMMITMENTS (1) The parties undertake that the terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise. (2) This Agreement will not operate so as to cause any em- ployee to suffer a reduction in ordinary time earnings as per the Dairy Factory Workers Award 1982, or to depart from the standards of the Commission, or the annualised weekly wage for those employees engaged as such. (3) The parties undertake that the increases referred to in Clause 21—Movement in Wages of this Agreement, will be the only increases to apply during the life of the Agreement provided that further increases may result from real produc- tivity improvements implemented and quantified by the CIT consultative process. (4) The parties will review the terms of this Agreement no later than six (6) months prior to its expiration, commencing no later than 15 June 2000. (5) The parties will assess the achievement in productivity and efficiency during the term of this Agreement. (6) The parties commit to oppose any attempt by any other person, employees or organizations to become a party to this Agreement. (7) The parties are committed to avoiding redundancies. Where redundancies are unavoidable then the terms and con- ditions as provided for in the Enterprise Bargaining Agreement will apply. (8) The parties agree that the terms and conditions of this Enterprise Bargaining Agreement will continue unless replaced by a new Enterprise Bargaining Agreement. (9) During the life of this Agreement the facility for salary sacrifice for the purpose of superannuation contributions will be provided. (10) The Company is committed to ensuring that all records of employee entitlements are stored in systems, which are Y2K compliant. On the first pay period on or before 31st December 1999 and on or before the 31st December 2001 employees will receive a “hard copy” printout of all accrued entitlements. 9.—REDEPLOYMENT (1) Redeployment for existing employees at the time of en- tering into this Agreement will be voluntary. (2) New employees employed after the date of the com- mencement of this Agreement may be redeployed on a temporary or permanent basis as required by the Company from time to time. (3) Further provisions of this Clause will be developed dur- ing the life of this Agreement. This process will involve consultation between the Company and the CIT and HR Con- sultative Committee. 10.—FLEXIBILITY CLAUSE (1) The parties to this Agreement commit themselves to a process of developing a work place free from unnecessary demarcation where employees can use their skills and com- petence. (2) It is also recognised that the breaking down of demarca- tions and increased flexibility of the workforce will be achieved through consultation where the relevant issues will be dis- cussed and agreed to. (3) In this regard, employees agree to carry out a range of duties which may or may not involve the use of selected tools, plant and equipment as agreed to by the consultative commit- tee, the Union and the Company and subject to employees being fully trained and the duties safe, legal and within their skill and competence to perform. For example, discussions and consultations will occur to examine which additional mi- nor maintenance tasks on machines could be handled by Production Operators. 11.—CONTRACT OF EMPLOYMENT (1) An employee may be engaged as— (a) A full-time employee or part-time employee in ac- cordance with the provision of the Award. (b) A temporary employee by agreement between the employer and the Union; or— (c) A casual employee, engaged by the hour subject to the maximum weekly ordinary hours (ie. exclusive of overtime) being thirty-eight (38). Such employ- ment will be a period of up one (1) month or for a period exceeding one (1) month by agreement be- tween the Company and the Union. (2) Where practicable, the Company will notify casual em- ployees that they are not required to work on the next working day. If a casual employee presents for work on a day on which he or she might reasonably have expected to be required for WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1892 work without having been notified by the Company, in ac- cordance with this subclause that he or she is not so required, then such an employee will receive four hours pay at the ap- propriate casual rate. (3) Probationary Employees An employee other than a casual may be engaged for an initial probationary period of not more than three (3) months on the following basis— (a) The Company will advise an in writing employee on or before commencement whether the employee is engaged for an initial probationary period, and if so, the length of the probationary period. Employ- ees have the right to have a union representative at such reviews. (b) Regular performance reviews will be conducted dur- ing the probationary period. Employees have the right to have a union representative at such reviews. (c) Any performance deficiencies will be addressed with counselling and/or training and the employee will be allowed an opportunity to correct those deficien- cies. (d) The purpose of the probationary period is to allow both the Company and the employee to decide whether to continue the employment beyond the pro- bationary period, and therefore the employee will be advised that employment beyond the probation- ary period is not guaranteed. The Union representative will be notified of the performance of employees on probation. (e) If, at any time during the probationary period, either the employee or the Company give one (1) week’s notice of termination of the employment, the proba- tionary employee’s employment will end. (f) If, at the end of the probationary period, a decision is made not to offer further employment, the proba- tionary employee’s employment will end. (4) It is a condition of employment that each employee must— (a) Perform work as the Company, may, from time to time, reasonably require having regard to the limits of the employee’s skill, competence and training. (b) Perform the full range of duties within the employ- ee’s classification, including any duties as may be directed by the Company having regard to the limit of the employee’s skill, competence and training. (c) Perform work without regard to any demarcations or limitations, providing the work to be performed is within the employee’s skill, competence and train- ing. (d) Transfer between various departments without re- strictions providing the duties are within the employee’s skill, competence and training. (e) Work reasonable overtime as may be required by the Company. (f) Comply with all safety regulations, policies and pro- cedures determined by the Company or a prescribed by Government Regulations. (g) Use, as directed by the Company all protective cloth- ing and equipment provided by the Company; and (h) Observe all the Company regulations, policies and procedures. (5) Disciplinary Procedure (a) Where an employee engages in unsatisfactory conduct the Company may, as appropriate— (i) informally counsel the employee; (ii) verbally warn the employee; (iii) warn the employee in writing; (iv) suspend the employee with pay, the period of sus- pension will not exceed one (1) week; (v) dismiss the employee with notice or with pay in lieu of notice. (b) Where a representative of the Company engages in any discussions with an employee concerning any conduct of an employee, which may lead to dismissal or other disciplinary or counselling measures being taken by the Company, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. The representative of the Company will remind the employee of that entitlement at the beginning of the discussion. (c) When counselling or warning an employee concerning unsatisfactory conduct engaged in by that employee, the Com- pany’s representatives will— (i) specifically identify the conduct complained of; (ii) explain why the conduct is unacceptable by the Com- pany; and (iii) explain the consequences if the employee again en- gages in that unsatisfactory conduct. (d) The Company of informal counselling of an employee will keep no record. Where a record is kept by the Company of a verbal warning given to an employee, the employee and any other employee or Union representative present will be given the opportunity to verify the accuracy of the record within a reasonable time of the warning being given. A record of the warning will not be kept for more than twelve (12) months. (e) Nothing in this clause affects the Company’s right to dismiss an employee without notice for misconduct, which justifies summary dismissal. (6) Performance Counselling If the Company considers that the performance of any em- ployee is unsatisfactory, the Company’s representative will— (a) Discuss the matter informally with the employee to ascertain the cause/reason for poor performance and look at— (i) the areas of the employee’s performance which are unsatisfactory; (ii) the reasons for the employee’s unsatisfactory performance; (iii) the steps available to the Company which would assist the employee to perform satis- factorily, which may include arranging for the employee to receive training or additional training or altering the employee’s working conditions; and (iv) the steps available to the employee to remedy the unsatisfactory performance (this includes independent professional counselling). NOTE: The Union will be kept informed at all times. (b) During any such informal discussions, the employee is entitled to elect to have a Union representative present during the discussion. The representative of the Company will remind the employee of that enti- tlement at the beginning of the discussion. (c) If, after informal discussions, the Company still con- siders that the performance of the employee is unsatisfactory, the Company will advise the em- ployee in writing of— (i) the areas of the employee’s performance which are unsatisfactory; (ii) the Company’s response to any reasons of- fered by the employee for his or her unsatisfactory performance; (iii) the steps which would assist the employee to perform satisfactorily; (iv) the steps of the employee to remedy the un- satisfactory performance; and (v) the time allowed for improvement before fur- ther assessment. NOTE: The Union will be kept informed as to what progress has been made. (d) Where the required improvement has not occurred following the steps set out in paragraph (a) and (b) above, give the employee a written warning that fail- ure to improve performance within a given time may lead to the employee’s suspension or dismissal from employment, and setting out the steps necessary to be taken by the employee to improve their perform- ance to a satisfactory level. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1893 80 W.A.I.G. (e) Where the performance of an employee then con- tinues to be unsatisfactory, suspend the employee with pay for a time specified in writing by the Com- pany or dismiss the employee with notice. (f) If despite the efforts of the parties, the above proc- ess fails to bring about a resolution of the issue, the matter may be referred without prejudice to the Com- mission. (7) Termination of Employment (a) The minimum notice required to be given by the Company or the employee to terminate employment will be— (i) for casual employees—one hour’s notice; (ii) for probationary employees—as provided in subclause (3) Probationary Employees of this clause; and (iii) for all other employees—in accordance with the provisions below— Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 3 weeks Not more than 5 years 3 weeks More than 5 years 4 weeks The period of notice is increased by one (1) week if the employee is over forty-five (45) years old and has completed two (2) years’ continuous service with the Company. (b) By arrangement between the employee and the Com- pany, an employee will be entitled to up to eight (8) hours time off per week during the notice period for the purpose of seeking other employment. (c) Notice of termination of employment may also be affected by the payment or forfeiture of wages for the relevant notice period, providing that employ- ment may be terminated by part of the period of notice specified and part payment or forfeiture of wages in lieu of notice. (d) Payment or forfeiture of wages in lieu of notice will be calculated on a basis of the wages the employee would have received for the ordinary time the em- ployee would have worked during the period of notice had the employee’s employment not been ter- minated. (e) The Company may dismiss an employee without no- tice for misconduct, which justifies summary dismissal, and in such cases, wages will be paid up to the time of dismissal only. (f) Nothing in this clause prevents the Company and the employee agreeing to a lesser period of notice than that otherwise required by this clause. Permis- sion to do so will not unreasonably be withheld. (g) As part of its commitment to job security and to train- ing for its employees, the Company will offer work to employees wherever possible before that work is contracted out. 12.—DISPUTE SETTLEMENT PROCEDURE (1) The objective of the dispute settlement procedure is as follows— (a) to promote resolution of disputes by measures based on consultation, co-operation and discussion; (b) to reduce the level of industrial confrontation; (c) to avoid interruption to the performance of work and the consequential loss of production and wages; and (d) to improve the quality of the work environment. (2) Where a grievance, complaint, claim or any matter which is likely to result in a dispute arises between the employer and an employee group of employees the following procedure will apply— (a) The employee or group of employees will discuss the matter with their immediate supervisor(s). (b) The parties are committed to resolving issues within 24 hours but no longer than 48 hours after which time the matter will be referred to the Union Repre- sentative for discussion with the employer representative. (c) If a negotiated settlement cannot be reached within seven (7) days the parties shall apply to the Com- mission. The parties shall abide by the decision of the Commission. (3) The parties are committed to promoting resolution of disputes in a consultative environment. 13.—UNION BUSINESS (1) At the time of engagement the employer will provide all new employees with information about the Union. Such in- formation will be in the form of a “New Member Kit” to be supplied by the Union. The elected on site Union Representa- tive will be allowed reasonable time to discuss Union Membership with new employees within one (1) week of com- mencing employment. 14.—PARENTAL LEAVE Parental Leave will be in accordance with the provisions of Appendix (H)—Parental Leave of this Agreement. 15.—INTRODUCTION OF CHANGE (1) Employer’s Duty of Notify (a) Where the Company has made a definite decision to in- troduce major changes in production, program, organization, structure or technology that are likely to have “significant ef- fects” on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union. Notification will be provided to the CIT and HR Consultative Committee. (b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employers’ workforce or in the skills required the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have “signifi- cant effects”. (2) Employer’s Duty to Discuss Change (a) The Company shall discuss with the employees affected and the Union, the introduction of the changes referred to in subclause (1) of this clause among other things, the effects the changes are likely to have on employees, measures to avoid or minimise the adverse effects of such changes on employ- ees and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes. (b) The discussion shall commence as soon as is practicable after a definite decision has been made by the Company to make the changes referred to in subclause (1) of this clause. (c) For the purpose of such discussion, the Company shall provide in writing to the employees concerned and the Un- ion, all relevant information about the changes. This includes the nature of the changes proposed; the expected effects of the changes on employees and other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the Company’s interests. 16.—REDUNDANCY (1) Disclosure Before Terminations (a) Where the Company has made a definite decision that the Company no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Company shall hold discus- sions with the employees directly affected and with the Union. (b) The discussion shall take place as soon as is practicable after the Company has made a definite decision which will invoke the provisions of paragraph (a) of this subclause and shall cover among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any termina- tions on the employees concerned. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1894 (c) For the purpose of such discussion the Company shall provide in writing to the employees concerned and the Union all relevant information about the proposed terminations in- cluding the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the Company shall not be required to disclose confiden- tial information the disclosure of which would be inimical to the employer’s interests. (2) Transfer to Lower Paid Duties Where an employee is transferred to lower paid duties, due to redundancies for reasons set out in paragraph (a) of subclause (1) of this clause the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to had the employment been terminated, and the Company may at the Company’s option, make pay- ment in lieu thereof of an amount equal to the difference between the former ordinary weekly rate of wage and the new lower ordinary weekly rate of wage for the number of weeks of notice still owing. (3) Severance Pay (a) In lieu of the notice prescribed for ordinary termination in Clause 10—Contract of Employment hereof, an employee whose employment is terminated for reasons set out in para- graph (a) of subclause (1) above shall be entitled to:— (i) Four (4) week’s notice or payment in lieu thereof; (ii) Two (2) week’s pay for each year of service to a maximum of thirty (30) weeks’ or fifteen (15) years service; (iii) One (1) week’s pay for each year of service after fifteen (15) years to a maximum of ten (10) week’s for the years between fifteen (15) and twenty-five (25); and (iv) Payment of $1,000.00 for each completed year of service to a maximum of $10,000.00 “Weeks Pay” means the ordinary weekly rate of wage for the employee concerned. Severance will be paid on a pro rata formula calculated in years and months. Provided that the severance payments shall not exceed the amount which the employee would have earned if employ- ment with the employer had proceeded to the employee’s normal retirement date. (b) For the purpose of this clause continuity of service shall not be broken on account of— (i) any interruption or termination of the employment by the Company if such interruption or termination has been made merely with the intention of avoid- ing obligations hereunder in respect of leave of absence; (ii) any absence from work on account of personal sick- ness or accident for which an employee is entitled to claim sick pay as prescribed by the Award or this Agreement or on account of leave lawfully granted by the employer; (iii) any absence with reasonable cause, proof whereof shall be upon the employee; or (iv) any absence from work on account of workers com- pensation. Provided that in the calculation of continuous service under this subclause any time in respect of which an employee is absent from work except time for which an employee is enti- tled to claim annual leave, sick pay, long service leave and public holidays as prescribed by the Award shall not count as time worked. (c) Service by the employee with a business which has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave Provi- sions published in Volume 66 of the Western Australian Industrial Gazette at pages 1—4 shall also constitute continu- ous service for the purpose of this clause. (4) Employee Leaving During Notice An employee whose employment is to be terminated for reasons set out in paragraph (a) of subclause (1) of this clause may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the Company until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of no- tice. (5) Alternative Employment The Company, in a particular redundancy case, may make application to the Commission to have the general severance pay prescribed varied if the employer obtains acceptable al- ternative employment for an employee. (6) Time Off During Notice Period (a) During the period of notice of termination of employ- ment given by the Company, an employee whose employment is to be terminated for reasons set out in paragraph (a) of subclause (1) of this clause that employee shall for the pur- pose of seeking other employment be entitled to be absent from work during each week of notice up to a maximum of eight ordinary hours without deduction of pay. (b) If the employee has been allowed paid leave for more than one (1) day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the Company, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. (7) Notice to Commonwealth Employment Service Where a decision has been made to terminate employees in the circumstances outlined in paragraph (a) of subclause (1) of this clause, the Company shall notify the Commonwealth Employment Service thereof as soon as possible giving rel- evant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. (8) Superannuation Benefits (a) Subject to further order of the Commission where an employee, who is terminated receives a benefit from a super- annuation scheme, the employee shall only receive under subclause (3) of this clause the difference between the sever- ance pay specified in that subclause and the amount of the superannuation benefit the employee receives which is attrib- utable to Company contributions only. (b) If the superannuation benefit is greater than the amount due under subclause (3) of this clause then the employee shall receive no payment under that subclause. (c) Provided that benefits arising directly or indirectly from contributions made by the Company in accordance with an Award, agreement or order made or registered under the In- dustrial Relations Act, 1979 shall not be taken into account unless the Commission so orders. (9) Employees with less Than One Year’s Service This clause shall not apply to employees with less than one (1) year’s continuous service and the general obligation on the Company should be no more than to give relevant em- ployees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be rea- sonable to facilitate the obtaining by the employees of suitable alternative employment. (10) Employees Exempted This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including malingering, inefficiency or neglect of duty or in the case of casual employees, apprentices or employees en- gaged for a specified period of time or for a special task or tasks. (11) Dispute Settlement Procedure Any dispute under these provisions shall be referred to the Commission. 17.—PROTECTIVE CLOTHING AND EQUIPMENT (1) The Company will provide to employees’ suitable pro- tective clothing and equipment when employees, as directed WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1895 80 W.A.I.G. by the employer will wear necessary and such clothing and equipment. (2) Such clothing and equipment will remain the property of the Company and will be returned when required in good condition, fair wear and tear excepted. (3) Where an employee is required to wear a special uni- form, such uniform will be provided by the employer. The uniform will remain the property of the employer and will be returned when required in good condition, fair wear and tear accepted. (4) The Company will provide and maintain adequate first aid equipment on the premises. 18.—TRAINING (1) The parties to this Agreement are committed to external, industry and enterprise training of employees to achieve— (a) Higher skills relevant to the needs of PB Foods Ltd Beverage Plant, Balcatta; (b) Multi-skilling of employees to the level required for operational efficiency and flexibility; (c) A career path within PB Foods Ltd Beverage Plant, Balcatta; (d) Retraining to maintain pre-existing skills; (e) Adjustment to technological changes; and (f) Greater efficiency and job satisfaction (2) A training program will be developed consistent with:— (a) The current future skill needs of Brownes Dairy; (b) The size, structure and nature of the operations of PB Foods Ltd Beverage Plant, Balcatta; and (c) The need to develop vocational skills relevant to the Company through courses conducted by accredited educational institutions and providers. (3) All costs associated with standard fees, prescribed text books and materials incurred by the employee in connection with training required by the Company shall be reimbursed upon production of receipts. All items so purchased shall re- main the property of the Company and shall be made available at all times to the employees during the period of training or where relevant for on the job training with the employees be- ing responsible to maintain the items in good condition. (4) Travel costs incurred by an employee undertaking train- ing required by the Company which exceed those normally incurred in travelling to and from work shall be reimbursed. (5) Authorisation for expenditure in relation to the costs mention in subclause (3) and (4) of this clause shall be ob- tained prior to such expenditure being incurred. (6) Payment for CIT Meeting and Training (a) Overtime (i) Where an employee works beyond their rostered fin- ishing time due to attending a CIT Meeting or a Training session they will be paid at single time only for those hours. (ii) Where an employee attends a CIT Meeting or a Train- ing session and due to rostering was unable to have a ten (10) hour break, then the provisions of the Award covering the employee will apply for those hours. (iii) Where an employee is requested to train on a non- rostered day, they will be paid at double the EBA rate for the hours spent training (a minimum of four (4) hours payment will be guaranteed), or a day may be added to their annual leave where a full day of training occurs. NB: All reasonable attempt must be made to ensure that a ten (10) hour break is provided for. (b) Shift Allowances (i) If the employee is attending a Training session and they normally would have been paid a shift allow- ance for that day had they been at work, then they will receive the shift allowance payment. (c) Meal Breaks (i) Where a meal break occurs during a Training ses- sion it will be unpaid time. (d) Long Term Training—eg: Week or More (i) Payment will be a single time with a day shift load- ing where the relevant Award provides for such loading payment. 19.—MEAL BREAK (1) Changes to meal breaks will be done in consultation and agreement with the Union, employees and management in order to accommodate operational needs. (2) Meal Allowance on Overtime (a) Where an employee is required to work overtime for more than two (2) hours he/she will be paid a $7.00 meal allowance. 20.—EQUAL EMPLOYMENT OPPORTUNITY The Company is an equal opportunity employer and is com- mitted to an Affirmative Action Program as detailed in Appendix D—Equal Opportunity & Affirmative Action Pro- gram hereof. 21.—MOVEMENT IN WAGES (1) In addition to the productivity based bonuses detailed below, the following increases will apply to the employees covered by this Agreement— (a) 2% increase on entering into this Agreement pay- able from the first pay period on or after 16th December 1998. (b) 2% increase payable from the first pay period on or after January 1st 2000. (c) Productivity related bonus payments will be paid to employees on the 31/12/99, 30/6/00 and 31/12/00 for the achievement of agreed productivity measures set at the beginning of the preceding six (6) month period. (d) The CIT Consultative Committee will oversee the process for introducing KPI’s. (e) The training and resources required for the success- ful introduction of KPI’s will be agreed to in consultation with the Union and Management. (f) Employee and the Union will be kept up to date as to the progress of performance relating to the Key Performance Indicators. 22.— SIGNATORIES For and on behalf of For and on behalf of PB Foods Ltd: A.L.H.M.W.U.— ....................................... ....................................... Graham Laitt Helen Creed Managing Director Secretary Date: ......./......./....... Date: ......./......./....... APPENDIX—A RATES OF WAGE With effect from the first pay period on or after 16th December 1998 CLASSIFICATION TOTAL RATE $ DPW—Grade 1 446.63 DPW—Grade 2 491.98 DPW—Grade 3 501.80 DPW—Grade 4 512.72 DPW—Grade 5 534.90 DPW—Grade 6 545.82 DPW—Grade 7 576.99 With effect from the first pay period on or after 1st January 2000 CLASSIFICATION TOTAL RATE $ DPW—Grade 1 455.56 DPW—Grade 2 501.82 DPW—Grade 3 511.84 DPW—Grade 4 522.98 DPW—Grade 5 545.60 DPW—Grade 6 556.74 DPW—Grade 7 588.53 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1896 APPENDIX—B C.I.T. & H.R. CONSULTATIVE COMMITTEE CONSTITUTION (1) PREAMBLE The Union and the Company are committed to improved and effective consultation in the workplace and to provide all employees with an opportunity to participate fully. All repre- sentatives fully support and endorse the principals of Safety Quality and Productivity (know as CIT) as a means of ensur- ing the future viability of PB Foods Ltd. Management and the Unions also agree that effective con- sultation is dependent upon— (a) information sharing; (b) facilities and training for representatives; (c) commitment from both sides It is therefore agreed that the establishment of a consulta- tive committee is the most appropriate method whereby the above principles can be practised and upheld. (2) OBJECTIVE OF THE COMMITTEE The objectives of the committee will be— (a) To increase the quality of working life for all em- ployees at the Balcatta site, particularly in the areas of job design, skill formation, training and the work- ing environment both physical and mental. (b) To improve job safety, quality and productivity. (c) To increase the competitiveness of the Company and its products, by establishing world class manufac- turing practices, thereby increasing job security ensuring longevity of the Company. (d) To establish a culture of continuous improvement at the enterprise. (3) TERMS OF REFERENCE The following matters will be discussed at the committee, and, where appropriate, decisions made and agreements reached will go to Management and/or Steering Committee in the form of recommendations, to enable decisions made by the Company to take into account the views of the workforce. To be responsible for the CIT program specifically— (a) the day to day activities of the CIT project; (b) to establish the CIT teams.; (c) to identify the training needs for the CIT teams; (d) to deal with the recommendations coming from the CIT teams and other sources; (e) to ensure full communication of progress to all staff; (f) current market conditions and general conditions of the industry (including the impact of any national industry development plan on the Company); (g) the introduction of new products, technology/ma- chines or new or revised work methods and the associated planning of layout, job numbers, skill requirements; (h) company training plans developed in accordance with future career paths; (i) the Company’s affirmative action policy and pro- grams and equality of opportunity within the workplace; (j) occupational health and safety matters will be re- ferred to the Safety CIT Team for their consideration and recommendation; (k) in the future at a time agreed by the Unions, the Com- mittee will discuss changes to do with the implementation of an enterprise agreement, and make recommendations to the Steering Committee; (l) any other matters raised by Union, employees or management which impact on union members or the efficiency of the Company other than those matters raised in the following section, “Matters Requiring Central Union Involvement.” (4) MATTERS REQUIRING CENTRAL UNION IN- VOLVEMENT Most matters specific to work organization in the (plant) can be discussed at the Consultative Committee. The purpose of such discussion being the resolution of any issues. How- ever, some matters, which may be raised, go to award areas. These matters include but are not limited to— (a) hours of work (including shift changes); (b) penalty rates; (c) leave loading; (d) sick leave; (e) holidays Any item that is an award matter must be referred to the Steering Committee. (5) COMPOSITION (a) The consultative committee will consist of a maximum of eight (8) representatives. Initially all members of the committee are nominated for an initial period of twelve (12) months from the date of this char- ter, after this period an election shall be called for nominations for four (4) employee representatives. At the completion of a committee member’s term, they are eligible for re-election for an additional term. Thereafter, a period of six (6) months shall apply before re-election. (b) Any committee member who ceases to be an employee of the Company ceases to be on the committee and Union/ management will elect/appoint a replacement as appropriate. The Union will determine re-election of the Union representa- tives. In addition, both Union officials and appropriate management officers may be invited by their representatives to attend meetings and address issues as agreed by the Com- mittee. (c) Management will determine the appointment of man- agement representatives and the Union will determine the appointment of Union representatives. All Union representa- tives shall be employees of the enterprise concerned. (d) In the determination of Union representatives on the Committee, the Union shall give consideration to— (i) the make-up of the workforce—in particular the pro- portion of women, migrants and juniors; (ii) the size of the workforce; (iii) the number of distinct operations at the workplace; (iv) shift arrangements; (v) the corporate structure; (vi) other existing consultative mechanisms. (e) The Committee, once established, may invite persons to attend specific meetings. (6) TERMS OF OFFICE All members appointed to the Committee shall hold office for a period of twelve (12) months subject to Clause of this appendix, and thereafter for a period of six (6) months. (7) MEETINGS The committee will endeavour to meet as required during paid time in normal working hours. (8) QUORUM Comprising of four (4) representatives of which one (1) is from Management, one (1) from the Union, and two (2) oth- ers from the workplace. (9) CHAIRPERSON The chair will be elected by the Consultative Committee for an initial period of three (3) months, then rotated amongst other members of the Consultative Committee. (10) SECRETARY A Secretary shall be appointed for the purposes of record- ing minutes, preparation and distribution of agendas and other administrative duties. The Company shall provide the admin- istrative requirements of this position. (11) AGENDA All members of the Committee may submit items. A Union representative, a Management representative and the Secre- tary shall meet at least one week prior to each meeting to formulate the agenda and circulate it, together with all rel- evant written information and comments, where frequency of meetings permits. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1897 80 W.A.I.G. (12) MINUTES The Secretary to take the Minutes and type. The minutes will be distributed as quickly as possible. A copy of the draft minutes will be sent to the Steering Committee members. The minutes will be formally accepted at the next meeting of the committee. (13) FACILITIES AND RIGHTS FOR REPRESENTA- TIVES It is agreed that representatives should have the following facilities and rights— (a) time off to canvas the views of the membership and to prepare items for the agenda; to prepare for the consultative meeting as representatives, and to re- port back to members on the Committee Meeting. (b) all time spent in meetings, preparing for meetings and reporting back to members about the Consulta- tive Committee Meeting, shall be treated and paid for as time worked. (c) facilities such as a meeting room, telephone, photo- copier and typing facilities should be made available as needed. (d) all representatives and potential representatives should attend relevant training courses. (e) any representative will not be discriminated against by the employer or treated unfairly because of being a member of the Consultative Committee or having an interest in the Consultative Committee. (14) RESPONSIBILITIES OF COMMITTEE MEMBERS All committee members have the following responsibili- ties— (a) to attend all meetings and to give serious considera- tion to all matters raised; (b) to represent the views of their constituents. (15) CONFIDENTIALITY AND INFORMATION SHAR- ING It is recognised that management will be unable to provide certain information, due to the fact that the information could compromise the competitiveness of the Company. Manage- ment and unions agree to make every effort to make available as much information as possible for the effective resolution of problems and for the genuine participation of representa- tives in decisions. All committee members to sign a confidentiality agreement. (16) TRAINING All members of the committee are entitled to extra training to ensure they are able to represent their members and fully participate in the Consultative Committee. APPENDIX—C KEY PERFORMANCE INDICATORS (1) The parties to this Agreement are committed to the de- velopment of Key Performance Indicators, the purpose of which is to— (a) Create an awareness of productivity within the or- ganization by providing a focus on existing activities. (b) Establish a profile of existing performance from which to plan for an improvement in performance. (c) Provide a tool for the ongoing continuation of the productivity improvement process as part of the CIT program. (d) Provide an ongoing mechanism for the monitoring, analysis and evaluation of changes introduced. (e) Provide a fair and equitable way of measuring the contribution of employee to productivity within the Company. (2) Development of KPI’s KPI’s will be developed as part of the CIT program. The CIT Consultative Committee or a subcommittee of the CIT Consultative Committee will be responsible for identifying key performance indicators, which will be used to fund an- nual productivity payments. Further, this committee/ subcommittee will have responsibility for the collecting of data, the monitoring of indicators and the ongoing review of the effectiveness of the key performance indicators. The committee will consider a range of measures as part of this program and they will include but not be limited to such measures as a suggestion scheme, targets, reduction in wast- age, reduction in lost time injuries, effective utilisation of labour. APPENDIX—D EQUAL EMPLOYMENT OPPORTUNITY & AFFIRMATIVE ACTION PROGRAM PB Foods Ltd will operate an Equal Employment Opportu- nity and Affirmative Action program on the principle of recruitment and promotion by merit. This will involve giving people in the workplace the opportunity to compete equally for jobs and to have equal access to training and promotion at all levels, limited only by their skills, experience and qualifi- cations. (1) The Company is committed to an objective of equal op- portunity in employment and affirmative action is the way to achieve it. (2) The principles of Equal Opportunity and Affirmative Action (EFO for Women) will apply to all employment prac- tices, including recruitment, promotion, making appointments, transfer, training, staff development, conditions of employ- ment and termination of employment. (3) The Company is opposed to all forms of discrimination whether direct or indirect. Discrimination is taken to mean denying people equal treatment in employment on grounds that are not based on inherent job requirements. (4) The Company believes that the requirements for any job must be carefully defined so that people are not excluded from consideration or disadvantaged by the application of irrelevant criteria. (5) The Company is committed to taking positive steps by means of an Equal Employment Opportunity/Affirmative Action program to relieve the effects of possible past discrimi- nation. It is also to ensure that all current and future employees may have equal employment opportunities in keeping with the principle of appointment and advancement by merit. (6) The Company has appointed an Equal Employment Opportunity/Affirmative Action Co-ordinator and an Equal Employment Opportunity/Affirmative Action Officer to en- sure the implementation of this policy and to design and co-ordinate an Equal Employment Opportunity/Affirmative Action program. (7) The Company undertakes to inform all employees and in particular supervisory staff, of the Equal Employment Op- portunity/Affirmative Action policy and of the resources available to assist in its implementation. (8) The Company will monitor and evaluate the success of this program on a regular basis and the program will be re- vised as and when necessary. (9) The Company stresses that it regards the issue of Equal Employment Opportunity/Affirmative Action (EEO for Women) as an important procedure and expects all manage- ment and supervisory staff to be responsible for ensuring the successful implementation of this policy and of the Equal Employment Opportunity/Affirmative Action program. (10) The Company will make every effort to resolve dis- putes and grievances related to Equal Employment Opportunity/Affirmative Action. (11) The Company believes that Equal Employment Op- portunity/Affirmative Action (EFO for Women) can be achieved with the support and co-operation of management, unions and employees. APPENDIX—E MAINTENANCE FLEXIBILITY AGREEMENT The purpose of this agreement is to ensure optimum pro- ductivity by effective utilisation of staff. This may require some changes to traditional working relationships and increase employee participation. In particular, this will be provided by greater flexibility between Maintenance and Production em- ployees with respect to work that these staff may undertake. In all cases it is accepted that staff must have the appropriate skill and competency to perform any particular tasks. A major aim of this agreement is that the fostering of a mutual trust in the shared management and accountability of WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1898 the operation will provide for greater levels of business per- formance, job satisfaction and improved skills. It is agreed that the parties will seek improved productivity through improved communications between Maintenance and Production staff. This will occur in all areas including more detailed analysis of plant faults by production personnel to assist maintenance to rectify problems more expeditiously. It is agreed that providing staff have the required skill that the following areas may be undertaken by either maintenance or production staff as appropriate— 2 Litre plastic bottleline Set up of machine and labeller Coders Set up and cleaning All machines and operations Operations by maintenance staff to test run for maintenance purposes. Other areas may be included from time to time following agreement by the respective parties. APPENDIX—F PROCESS CONTROL OPERATORS The parties to this Memorandum of Understanding, con- firm that after extensive consultation and negotiation, agreement for the Process Control Operators to enter into ar- rangements to convert to an annualised salary arrangement where reached in 1996. In consideration of changes to arrange- ments in regard to days and shifts rostered at that time, a wage of $52,000 per annum was paid at the time of entering into the Agreement. Recent discussions have resulted in some changes to the original agreement and are reflected in this document. The Process Control Operators are now paid $62,089.44 (per annum). (1) The Process Control Team will continue to report to the Production Managers. They will be required to man the Con- trol Room over a seven (7) day period and will work a roster in consultation with the Manufacturing Manager Beverage that meets the operational requirements of the Beverage Plant. The current manning level of five (5) employees will continue. They may be required to work up to 24 96 hours per year with no employee required to work beyond twelve and a half (12½) hours in any shift or more than 192 hours in a four (4) week cycle. (2) The annualised salary commenced on 15 August 1996 and was trialed for a period of six (6) months. During that time the parties to this Agreement monitored and evaluated the appropriateness of the arrangement. At the conclusion of that trial period the parties agreed to continue the arrange- ment. There was an option to revert to the provisions of the PB Foods Ltd (Enterprise Bargaining) Agreement 1995, No AG 14 of 1995. This option was not utilised. (3) All accrued rostered day off entitlements were paid out to those employees with entitlements, prior to the implemen- tation of the Agreement in 1996. (4) Under the amended terms of the agreement the Process Control Operators will no longer have the option of working additional hours to allow for the accrual of rostered days off. This provision will take effect from 20 November 1999. (5) The Process Control Team will continue to undertake to cover all annual leave and sick leave absences with no further cost being incurred by the Company. (6) The Company will continue its undertaking to provide relief cover in the event of long-term illness or other absence it may deem appropriate. (7) There will be no annual leave loading payable. (8) This Memorandum will be read and interpreted wholly in conjunction with the PB Foods Ltd Beverage Production (Enterprise Bargaining) Agreement 1999. Where there is any inconsistency between this Memorandum and the Agreement, this Memorandum will prevail to the extent of any inconsist- ency. Future salary increases will be payable in line with those provided by the PB Foods Ltd Beverage Production (Enter- prise Bargaining) Agreement 1999 or its successor. (9) Process Control Operators under the terms of this amended MOU will provide coverage for call-outs. A call-out roster will operate to ensure that an operator is available at all times to meet operational requirements identified by the Com- pany. The Company undertakes to give fair and reasonable notice of changes to operational requirements wherever pos- sible, which require the attendance of the operator on call. APPENDIX—G PRODUCTION SHIFT ADDENDUM BEVERAGE PLANT PRODUCTION 1.—ARRANGEMENT 1. Arrangement 2. Intent 3. Annualised Wage 4. Movement in Wages 5. Overtime 6. Meal Break 7. Leave 8. Specific Team Responsibilities 9. Breakdowns 10. Team Numbers 11. Wage Details Attachment 1—Shift Roster Attachment 2—Annual Leave Approved Prior To Commencement of Addendum Attachment 3—Annualised Weekly Rate 2.—INTENT (1) Except for Laboratory employees and Process Control Operators, this Addendum will commence from the 12 July 1997. All other conditions which will apply to the employees covered by this Addendum will be those as provided for in the “PB Foods Limited (Enterprise Bargaining) Agreement 1999 (the Agreement). (2) Calculations of the annualised weekly wage have been based on a summation of wages paid over a twelve (12) month period, prior to this Addendum, which included all overtime, award and non-award payments, shift allowances, contract cleaner payments, Public holiday rates and all other penalty rates. The total sum was redistributed equally across the grades. (3) The annualised wage is made up of the following com- ponents— (a) Current EBA Rate For The Appropriate Grade Current EBA rate is used to ensure relativity between skill levels is maintained. (b) Flexibility Bonus The flexibility bonus is a payment made for the im- plementation of cellular teams, rostering of flexible shift arrangements and the working of prepaid addi- tional hours to suit the production requirements of the Dairy. In calculating the bonus consideration has been given to the cost of total wages incurred by the Company. (c) Meal Allowance A payment of $7.00 per day will be made for all rostered shifts. Attendance Bonus An attendance bonus of $33.00 will be paid each week. Where an employee is absent from work due to illness, or otherwise and a late attendance is recorded the bonus for the week will be deducted from the annualised weekly wage. (4) CIT & HR Committee The CIT & HR has responsibility for the development of this Addendum and will be responsible for the implementa- tion and monitoring of this Addendum. The Human Relations Committee will comprise of two (2) management representa- tives and no more than four (4) employee representatives (one (1) from each team plus the Union Shop Steward). 3.—ANNUALISED WAGES (1) Employees’ weekly payment will be 7/365 of the annual wage for the employee’s grade as set out in Clause 11—Wage Details of this Addendum. (2) The annualised wage includes payment for all weekly rostered hours which will be thirty eight (38) and the consoli- dation of all existing award and non award pay addition, allowances and penalty rates (except first aid), including a commitment to work an additional four (4) hours per week. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1899 80 W.A.I.G. (3) In the event that it is necessary to work beyond the end of the normal shift finish time to complete production, fully clean the plant and factory, the teams give a commitment to at least work up to ten (10) hours or twelve (12) hours depend- ing on which shift they are on. (ie which is two (2) hours above rostered shift hours.) To facilitate continuous production needs it may be neces- sary to start the second shift up to two hours earlier. This early start would be deemed to be the normal shift start time for that day. Training will be organised within the normal shift times and rostered shifts may start early to accommodate this. 4.—MOVEMENT IN WAGES (1) The annualised rates of wage set out in Clause 11— Wage Details of this Addendum is inclusive of the first enterprise bargaining payment of 2%, and further payments outlined in Clause 20—Movement in Wages of the Agree- ment. 5.—ADDITIONAL PAYMENTS (1) All hours worked beyond twelve (12) hours per rostered shift or in excess of forty-two (42) hour per week, will be paid at the rate of double time. The rate upon which this cal- culation will be based is the ordinary hours rate for the appropriate classification level as provided for in the Agree- ment. (2) No employee will be required to work beyond twelve (12) hours in any one shift. 6.—MEAL BREAK (1) Provision will be made for one paid break of no more than twenty (20) minutes per shift, and shall be taken at times determined by the teams. The teams must ensure that such breaks occur at times that allow for optimum machine utilisa- tion, and meet production requirements. (2) Payment for all meal breaks has been taken into account and included the annualised wage. 7.—LEAVE (1) Sick Leave (a) Sick Leave will continue to be provided in accordance with Clause 16. Absence through Sickness of the Dairy Fac- tory Workers Award except that existing entitlement and additional sick leave entitlement accrued and utilised during the term of this Addendum will be paid be the annualised wage contained in Clause 11—Wage Details of this Addendum. (b) In the case of long-term sickness and injury compensa- tion absences, the Company will undertake to make resources available to the team/s. Sickness and injury compensation absences will be considered “long term” when an employee has continuing absences after four (4) rostered shifts of work. (2) Annual Leave (a) Annual leave will continue to be provided in accordance with Clause 13—Annual Leave of the Dairy Factory Work- ers’ Award 1982. Except that existing entitlements and additional entitlements accrued and utilised during the term of the agreement will be paid at the annualised weekly wage rate contained in Clause 11—Wage Details of this Adden- dum. (b) The annualised wage is inclusive of Annual Leave Load- ing. There will be no further loading/s paid. (c) Further at least one (1) employee from each team must be on annual leave at all times, with there being no more than two (2) employees per shift able to take leave at the same time. ie. one (1) employee on annual leave and one (1) on long service leave, not two (2) on annual. (d) It will be the responsibility of the team to ensure that team members take their annual leave entitlements regularly and any disputes to be resolved as stated in Clause 8—Spe- cific Team Requirements sub-clause 8.2. (e) The Company will honour all annual leave as detailed in Attachment 2 and approved prior to the implementation of this Addendum. Where the taking of such leave results in the team/s being under staffed the Company undertakes to make resources available to the team/s. (f) Coverage for annual leave absences approved after the implementation of this Addendum will be provided for by the team/s. (3) Public Holidays (a) Public Holidays will continue to be provided in accord- ance with Clause 19—Public Holidays of the Dairy Factory Workers’ Award. There will be no additional payments made where an employee is required to work a public holiday as part of his or her shift roster. (4) Saturday and Sunday Rates (a) The annualised weekly wage includes all payments for work performed on a Saturday or Sunday as part of an em- ployee’s rostered shift. (5) Long Service Leave (a) The Long Service Leave will continue to be provided in accordance with Clause 27—Long Service Leave of the Dairy Factory Workers’ Award. (b) Long Service Leave entitlements accrued during the term of this agreement will be paid at the annualised wage rate contained in Clause 11—Wage Details of this Addendum. (6) Rostered Days Off (RDO or DOD) (a) There will be no provisional for the accrual of rostered days off from the commencement of this Addendum. The par- ties agree that all accruals will be paid out upon implementation of this Addendum. (7) Workers Compensation (a) Where an employee is off due to a work related injury, his weekly earnings payment will be in accordance with Clause 11(a) of the Workers Compensation & Rehabilitation Act as amended (b) Weekly payments for the first four (4) weeks of incapac- ity will be at his/her annualised rate and then after these first four (4) weeks, at current EBA Award rate for their classifica- tion. (8) Redundancy (a) In the event of any redundancies being forthcoming, Clause 15 of the current EBA agreement will apply. ‘Weeks pay’ refers to the current EBA award rate and classification for the position at the time of the redundancy. 8.—SPECIFIC TEAM REQUIREMENTS (1) Employees will continue to follow all existing Com- pany Policies and procedures and in addition to undertake the following requirements— (a) - Coverage of Milk Reception requirements includ- ing Saturdays. (b) - Cleaning duties currently done on Saturdays. (c) - Cleaning duties currently done by afternoon cleaner. (d) - Cleaning duties currently done by Contract Clean- ers excluding office areas. (2) The Team/s will be required to resolve any internal dis- putation within their team/s. In the event that the team/s is unable to resolve the dispute, the Human Relations Commit- tee will make the final determination. The Human Relations Committee will have responsibility for final determination in accordance with the Dispute Reso- lution Procedure. This will be developed in the first three (3) months of this Agreement. During the period of development or in the absence of an agreed Disputes Resolution Proce- dure, the Dispute Settlement Procedure of the Agreement will apply. 9.—BREAKDOWNS (1) Not withstanding Clause 24—of the Dairy Factory Work- ers Award, where industrial action is taken, which may result in the cessation of production of goods, it is agreed that the production of export will continue during this period. (2) Where an employee fails to attend on a normal rostered shift due to industrial action, the employer is entitled to de- duct payment, for each shift rostered and not worked, at the annualised rate. 10.—TEAM NUMBERS (1) The Company may determine the number of employees in each team. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1900 (2) Where the Company requires that teams numbers be re- duced, affected employees will be redeployed to another area of the Company without any reduction in the affected em- ployees’ current earnings. (3) The CIT and HR Committee will be consulted on team numbers prior to a change being affected. 11.—WAGE DETAILS (1) See Attachment 3. ATTACHMENT—1 10 HOUR SHIFT ROSTER USING 3 CELLULAR TEAMS WORKING FOUR DAYS PER WEEK WEEK TIME Saturday Sunday Monday Tuesday Wednesday Thursday Friday 2:30-12:30 OFF RED RED BLUE BLUE WHITE WHITE 1 12:00-22:00 OFF WHITE white RED red BLUE blue 2:30-12:30 OFF BLUE BLUE WHITE WHITE RED RED 2 12:00-22:00 OFF RED red BLUE blue WHITE white 2:30-12:30 OFF WHITE WHITE RED RED BLUE BLUE 3 12:00-22:00 OFF BLUE blue WHITE white RED red ITALIC: - denotes 8 hour shift ATTACHMENT—2 ANNUAL LEAVE APPROVED PRIOR TO COMMENCEMENT OF ADDENDUM JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY Week Commencing 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 A Saraullo John A Siljanovski Trifun A Smilevski Tony A Van Zatti Aldo A Palermo Antonio A Dellarocchetta A Stefoski Paul back 21 A Ambronsini Michele A Strano Angelo 26 2 hol 2 hol A Longstaff Thomas 10 24\11 A Vileckovski Modrag A Todorovski Trajan A Catalarno A McConnell James B Kennedy Michael B Nestrovski Jouan B Laporta Gerald B Freeman Edward B Trivissono Joe B Miniello Antonio B Rugeri Giueppe hol 17 B Veale Janet 22\12 4 B Petrovski Blagoia B Stefoski Don B McGeown Kevin B Tenaglia Alfred B Kempton Murray B Cavazzi Gianni 26TH BACK 3\11 C Baldry Stanley C Douglas Garry C Avramoski C Lareu Norberto C Goodwill Stanley C Bromfield John C Walter Declain C Doherty Nigel 1wk dod 24 C Carter Brett C Stevane Neale C D'Anna C Skallfrom C Cammock Clifford 2\9 ATTACHMENT—3 ANNUALISED WEEKLY RATES With effect from the first pay period on or after 16th December 1998 CLASSIFICATION TOTAL RATE $ DPW—Grade 2 775.35 DPW—Grade 3 789.58 DPW—Grade 4 805.41 DPW—Grade 5 837.52 DPW—Grade 6 865.57 With effect from the first pay period on or after 1st January 2000 CLASSIFICATION TOTAL RATE $ DPW—Grade 2 790.86 DPW—Grade 3 805.37 DPW—Grade 4 821.52 DPW—Grade 5 854.27 DPW—Grade 6 882.88 APPENDIX—H PARENTAL LEAVE The following provisions shall apply to employees under this Agreement. References to award shall mean reference to this Agreement. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1901 80 W.A.I.G. Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. PART A MATERNITY LEAVE (1) Nature of Leave (a) Maternity leave is unpaid leave. (2) Definitions For the purpose of this subclause— (a) “Employee” includes a part-time or seasonal em- ployee but does not include an employee engaged upon casual work (b) “Paternity leave” means leave of the type provided for in Part B hereof whether prescribed in an award or otherwise. (c) “Child” means a child of the employee under the age of one year. (d) “Spouse” includes a de facto or a former spouse. (e) “Continuous service” means service under an un- broken contract of employment and includes— (i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked I accordance with this clause; or (iii) any period of leave or absence authorised by the award. (3) Eligibility for Maternity Leave An employee who becomes pregnant, upon production to her employer of a certificate required by clause (4) hereof, shall be entitled to a period of up to 52 weeks maternity leave provided that such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of paternity leave taken by the employee’s spouse in relation to the same child and, apart from paternity leave of up to one week at the time of confinement, shall not be taken concur- rently with paternity leave. Subject to Clauses (6) and (9) hereof, the period of mater- nity leave shall be unbroken and shall, immediately following confinement, include a period of up to six weeks compulsory leave. The employee must have had at least 12 months continuous service with that employer immediately preceding the date upon which she proceeds on such leave. (4) At the time specified in Clause (5) hereof the employee must produce to her employer— (a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; (b) a statutory declaration stating particulars of any pe- riod of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her con- tract of employment. (5) Notice Requirements (a) An employee shall, not less than 10 weeks prior to the presumed date of confinement, produce to her employer the certificate referred to in Clause (4) (a) hereof. (b) An employee shall give not less than four weeks no- tice in writing to her employer of the date on which she proposes to commence maternity leave, stating the period of leave to be taken and shall, at the same time, produce to her employer the statutory declara- tion referred to in Clause (4) (b) above. (c) An employer, by not less than 14 days notice in writ- ing to the employee, may require her to commence maternity leave at any time within the six weeks im- mediately prior to her presumed date of confinement. (d) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated pe- riod of notice in accordance with paragraph (b) hereof if such failure is occasioned by the confine- ment occurring earlier than the presumed date. (6) Transfer to a Safe Job Where, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards con- nected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions at- taching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to take leave for such period as is certified necessary by a registered medi- cal practitioner. Such leave shall be treated as maternity leave for the purposes of Clause (1), (11), (12) and (13) hereof. (7) Variation of Period of maternity Leave (a) Provided the maximum period of maternity leave does not exceed the period to which the employee is entitled under clause (3) hereof— (i) the period of maternity leave may be length- ened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened; (ii) the period may be further lengthened by agree- ment between the employer and the employee. (b) The period of maternity leave may, with the consent of the employer, be shortened by the employee giv- ing not less than fourteen days notice in writing stating the period by which the leave is to be short- ened. (8) Cancellation of Maternity Leave (a) Maternity Leave, applied for but not commenced, shall be cancelled when the pregnancy of an em- ployee terminate other than by birth of a living child. (b) Where the pregnancy of an employee then on ma- ternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer, having regard to any medical advice produced by the employee, not exceeding four weeks from the date of notice in writing by the employee to the em- ployer that she desires to resume work. (9) Special Maternity Leave and Sick Leave (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical prac- titioner certifies as necessary before her return to work. (ii) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or (b) Where an employee not then on maternity leave suf- fers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as spe- cial maternity leave) as a registered medical practitioner certifies as necessary before her return to work, provided that the aggregate to paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under Clause (3) hereof. (c) For the purposes of Clauses (10), (11) and (12) hereof, maternity leave shall include special mater- nity leave. (d) An employee returning to work after the comple- tion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave, or in the case of an employee who was transferred to \a safe job pursuant to subclause (6) hereof, to the position she held immediately before such transfer. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1902 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing she shall be entitled to a position as nearly comparable in status and pay to that of her former po- sition. (10) Maternity Leave and Other Leave Entitlements (a) Provided the aggregate of any leave, including leave taken under this schedule does not exceed the pe- riod to which the employee is entitled under subclause (3) hereof, an employee may, in lieu of or in conjunction with maternity leave, take any an- nual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award ab- sences (excluding annual leave or long service leave) shall not be available to an employee during her ab- sence on maternity leave. (11) Effect of Maternity Leave on Employment Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement. (12) Termination of Employment (a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of the employer in relation to termination of employment are not hereby affected. (13) Return to Work After Maternity Leave (a) An employee shall confirm her intention of return- ing to work by notice in writing to the employer given not less than four weeks prior to the expira- tion of her period of maternity leave. (b) An employee, upon returning to work after mater- nity leave or the expiration of the notice required by paragraph (a) above, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (6) hereof, to the position which she held immedi- ately before such transfer or in relation to an employee who has worked part-time during the preg- nancy the position she held immediately before commencing such part-time work. (c) Where such position no longer exists but there are other positions available which the employee is quali- fied for and is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position. (14) Replacement Employees (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave. (b) Before an employer engages a replacement employee the employer shall inform that person of the tempo- rary nature of the employment and of the rights of the employee who is being replaced. (c) Before the employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Nothing in this subclause shall be construed as re- quiring an employer to engage a replacement employee. PART B PATERNITY LEAVE (15) Nature of Leave Paternity leave is unpaid leave. (17) Definitions For the purposes of this subclause— (a) “Employee” includes a part-time or seasonal em- ployee but does not include an employee engaged upon casual work. (b) “Maternity leave” means leave of the type provided by in Part A hereof (and includes special maternity leave) whether prescribed in an award or otherwise. (c) “Child” means a child of the employee or the em- ployee’s spouse under the age of one year. (d) “Spouse” includes a de facto or a former spouse. (e) “Primary care-giver” means a person who assumes the principal role of providing care and attention to a child. (f) “Continuous service” means service under an un- broken contract of employment and includes— (i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the award. (17) Eligibility for Paternity leave A male employee, upon production to the employer of a certificate required by subclause (5) hereof shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances— (a) an unbroken period of up to one week at the time of confinement of his spouse; (b) a further unbroken period of up to 51 weeks in order to be the primary care-giver of a child provided that such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of maternity leave taken by the employee’s spouse and shall not be taken concurrently with that maternity leave. An employee must have had at least 12 months continuous service with that employer immediately preceding the date upon which he proceeds upon either period of leave. (18) Certification At the time specified in subclause (5) hereof the employee must produce to the employer— (a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place; (b) in relation to any period to be taken under subclause (3)(b) above, a statutory declaration stating— (i) he will take that period of paternity leave to become the primary care-giver of a child; (ii) particulars of any period of maternity leave sought or taken by his spouse; and (iii) for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment. (19) Notice Requirements (a) The employee shall, not less than 10 weeks prior to each proposed period of leave, give to the employer notice in writ- ing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in subclause (4) above. (b) The employee shall not be in breach of this paragraph as a consequence of failure to give the notice required in para- graph (a) above if such failure is due to— (i) the birth occurring earlier than the expected date; or (ii) the death of the mother of the child; or (iii) other compelling circumstances. (c) The employee shall immediately notify the employer of any change in the information provided pursuant to subclause (4) above. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1903 80 W.A.I.G. (20) Variation of Period of Paternity Leave (a) Provided the maximum period of paternity leave does not exceed the period to which the employee is entitled under subclause (3)— (i) the period of paternity leave provided by subclause (3)(b) hereof be lengthened once only by the em- ployee giving not less than 14 days notice in writing stating the period by which the leave is to be length- ened. (ii) the period may be further lengthened by agreement between the employer and the employee. (b) The period of paternity leave taken under subclause (3)(b) hereof may, with the consent of the employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened. (21) Cancellation of Paternity Leave Paternity leave, applied for under subclause (3)(b) hereof but not commenced, shall be cancelled when the pregnancy of the employee’s spouse terminates other than by the birth of a living child. (22) Paternity Leave and Other Leave Entitlements (a) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under clause (3) hereof, an employee may, in lieu of or in conjunction with paternity leave, take any an- nual leave or long service leave or any part thereof to which he is entitled. (b) Paid sick leave or other paid authorised award absence (excluding annual leave or long service leave) shall not be available to an employee during his absence on paternity leave. (23) Effect of Paternity Leave on Employment Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of any employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement. (24) Termination of Employment (a) An employee on paternity leave may terminate the em- ployment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the grounds of his absence on paternity leave, but otherwise the right of an employer in relation to termina- tion of employment are not hereby affected. (25) Return to Work After Paternity Leave (a) An employee shall confirm his intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of paternity leave provided by subclause (3)(b) above. (b) An employee, upon returning to work after paternity leave or the expiration of the notice required by paragraph (a) above, shall be entitled to the position which he held immedi- ately before proceeding on paternity leave, or in relation to an employee who has worked part-time under this clause to the position he held immediately before commencing such part- time work. (c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, he shall be entitled to a position as nearly comparable in status and pay to that of his former po- sition. (26) Replacement Employees (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave. (b) Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an em- ployer temporarily promoted or transferred in order to replace an employee exercising his rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Noting in this subclause shall be construed as requiring the employer to engage a replacement employee. PART C ADOPTION LEAVE (27) Nature of Leave Adoption leave is unpaid leave (28) Definitions For the purposes of this subclause— (a) “Employee” includes a part-time or seasonal em- ployee but does not include an employee engaged upon casual work. (b) “Child” means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or stepchild of the em- ployee or of the spouse of the employee or a child who has previously lived continuously with the em- ployee for a period of six months or more. (c) “Relative adoption” occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage). (d) “Primary care-giver” means a person who assumes the principal role of providing care and attention to a child. (e) “Spouse” includes a de facto spouse. (f) “Continuous service” means service under an un- broken contract of employment and includes— (i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the award. (29) Eligibility An employee, upon production to the employer of a certifi- cate required by subclause (4) hereof, shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances— (a) an unbroken period of up to three weeks at the time of the placement of the child; (b) a further unbroken period of up to 52 weeks from the time of its placement in order to be the primary care giver of a child. The leave shall not extend be- yond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employee’s spouse in relation to the same child. The employee must have had at least 12 months continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave in either case. (30) Certification (a) Before taking adoption leave the employee must pro- duce to the employer— (i) a statement from an adoption agency or other ap- propriate body of the presumed date of placement of the child with the employee for adoption purposes; or (ii) a statement from the appropriate government author- ity confirming that the employee is to have custody of the child pending application for an adoption order. (b) In relation to any period to be taken under subparagraphs hereof, a statutory declaration stating— (i) the employee is seeking adoption leave to become the primary care-giver of the child; (ii) particulars of any period of adoption leave sought or taken by the employee’s spouse; and (iii) for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment. (32) Notice Requirements (a) Upon receiving notice of approval for adoption purposes, an employee shall notify the employer of such approval and WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1904 within two months of such approval shall further notify the em- ployer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into cus- tody pending an application for an adoption order. (b) An employee who commences employment with the employer after the date of approval for adoption purposes shall notify the employer thereof upon commencing employment and of the period or periods of adoption leave which the em- ployee proposes to take. Provided that such employee shall not be entitled to adoption leave unless the employee has not less than 12 months continuous service with the employer immediately preceding the date upon which he or she pro- ceeds upon such leave. (c) An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption pur- poses but not later than fourteen days before such placement, give notice in writing to the employer of such date, and of the date of the commencement of any period of leave to be taken under subclause (3)(a) above. (d) An employee shall, 10 weeks before the proposed date of commencing any leave to be taken under subclause (3)(b) above give notice in writing to the employer of the date of commencing leave and the period of leave to be taken. (e) An employee shall not be in breach of this subclause, as a consequence of failure to give the stipulated period of no- tice in accordance with subclauses (c) and (d) above if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances. (32) Variation of Person of Adoption Leave (a) Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under subclause (3) hereof— (i) the period of adoption leave taken under subclause (3)(b) above may be lengthened once only by the employee giving not less than 14 days notice in writ- ing stating the period by which the leave is to be lengthened; (ii) the period may be further lengthened by agreement between the employer and the employee. (b) The period of adoption leave taken under subclause (3)(b) above may with the consent of the employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened. (33) Cancellation of Adoption Leave (a) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed. (b) Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee shall notify the employer forthwith and the employer shall nominate a time not exceeding four weeks from receipt of notification for the employee’s resump- tion of work. (34) Special Leave The employer shall grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the employee to attend any compulsory inter- views or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the employee the employer may require the employee to take such leave in lieu of special leave. (35) Adoption leave and Other Entitlements (a) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under subclause (3) above an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during the employee’s absence on adoption leave. (36) Effect of Adoption leave on Employment Subject to this clause, notwithstanding any award or other provision to the contrary, absence or adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement. (37) Termination of Employment (a) An employee on adoption leave may terminate the em- ployment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the ground of the employee’s application to adopt a child or absence on adoption leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (38) Return to Work after Adoption Leave (a) An employee shall confirm the intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of adoption leave provided by subclause (3)(b) above. (b) An employee, upon returning to work after adoption leave shall be entitled to the position held immediately before pro- ceeding on such leave or, in relation to an employee who has worked part-time under this clause the position held immedi- ately before commencing such part-time work. (c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee’s former position. (39) Replacement Employees (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave. (b) Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and the rights of the employee who is be- ing replaced. (c) Before an employer engages a person to replace an em- ployee temporarily promoted or transferred in order to replace an employee exercising rights under this subclause, the em- ployer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Nothing in this subclause shall be construed as requir- ing the employer to engage a replacement employee. PART D PART-TIME WORK (40) Definitions For the purposes of this subclause— (a) “Male Employee” means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes. (b) “Female Employee” means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes. (c) “Spouse” includes a de facto spouse. (d) “Former position” means the position held by a fe- male or male employee immediately before proceeding on leave or part-time employment under this subclause whichever first occurs or, if such po- sition no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of perform- ing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition. (e) “Continuous Service” means service under an un- broken contract of employment and includes— (i) any period of leave taken in accordance with this clause; or (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the employer or by the award. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1905 80 W.A.I.G. (41) Entitlement With the agreement of the employer— (a) A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the sec- ond anniversary of the placement. (b) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable. (c) A female employee may work part-time in one or more periods at any time from the seventh week af- ter the date of birth of the child until its second birthday. (d) In relation to adoption a female employee may work part-time in one or more periods at any time from the date of the placement of the child until the sec- ond anniversary of that date. (42) Return to Former Position (a) An employee who has had at least 12 months continu- ous service with the employer immediately before commencing part-time employment after the birth or place- ment of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position. (b) Nothing in paragraph (a) above shall prevent the em- ployer from permitting the employee to return to his or her former position after a second or subsequent period of part- time employment. (43) Pro-Rata Entitlements Subject to the provisions of this subclause and the matters agreed to in accordance with subclause (8) hereof, part-time employment shall be in accordance with the provisions of this award, which shall apply pro rata. (44) Part-time Work Agreement Before commencing a period of part-time employment un- der this subclause the employee and the employer shall agree— (a) that the employee may work part-time; (b) upon the hours to be worked by the employee, the days upon which they will be worked and commenc- ing times for the work; (c) upon the classification applying to the work to be performed; (d) upon the period of part-time employment; (e) the terms of this agreement may be varied by con- sent; (f) The terms of this agreement or any variation to it shall be reduced to writing and retained by the em- ployer. A copy of the agreement and any variation to it shall be provided to the employee by the employer. (g) The terms of this agreement shall apply to part-time employment. (45) Termination of Employment (a) The employment of a part-time employee under this clause may be terminated in accordance with the provisions of this award but may not be terminated by the employer be- cause the employee has exercised or proposes to exercise any right arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause. (b) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transfer- ring from part-time under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as quali- fying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis. (46) Extension of Hours of Work An employer may request, but not require, an employee working part-time under this clause to work outside or in ex- cess of the employee’s ordinary hours of duty provided for in accordance with subclause (8) hereof. (47) Nature of Part-Time Work The work to be performed part-time need not b the work performed by the employee in his or her former position but shall be work otherwise performed under this award. (48) Inconsistent Award Provisions (49) An employee may work part-time under this clause notwithstanding any other provisions of this award which lim- its or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions— (a) limiting the number of employees who may work part-time; (b) establishing quotas as to the ratio of part-time to full- time employees; (c) prescribing a minimum or maximum number of hours a part-time employee may work; or (d) requiring consultation with, consent of or monitor- ing by a union; (e) and such provisions do not apply to part-time work under this clause. (50) Replacement Employees (a) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this subclause. (b) A replacement employee may be employed part-time. Subject to this clause, subclauses (5), (6), (7), (9) and (12) hereof apply to the part-time employment of replacement employees. (c) Before an employer engages a replacement employee under this paragraph, the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. (d) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of clause (1)(e) hereof. (e) Nothing in this clause shall be construed as requiring the employer to engage a replacement employee. (51) Effect of Part-Time Employment on Continuous Serv- ice Commencement on part-time work under this clause, and return from part-time work to full time work under this clause, shall not break the continuity of service or employment. SANWELL/BLPPU AND THE CMETU COLLECTIVE AGREEMENT 2000. AG 82 of 2000.