WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Shop, Distributive and Allied Employees' Association of Western Australia and Foodland Associated Limited. No. AG 178 of 1994. FAL and SDA Enterprise Agreement 1994. COMMISSIONER A.R. BEECH. 22 December 1994. Order. HAVING heard Mr J. Bullock on behalf of the Applicant and Mr M. Jensen on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders-- That the FAL and SDA Enterprise Agreement 1994 be registered as an industrial agreement in accordance with the following Schedule from the 20th day of December 1994. [L.S.] (Sgd.) A.R. BEECH, Commissioner. Schedule. I.-Title. This agreement shall be referred to as "FAL and SDA Enterprise Agreement 1994" and shall replace the "FAL and SDA Enterprise Agreement 1993 No. AG 40 of 1993". 2.-Arrangement 1. Title 2. Arrangement 3. Area and Scope 4. Parties Bound 5. Relationship to Parent Award 6. Date and Period of Operation 7. Aims of Agreement 8. Commitments 9. Increases to Rates of Pay and Allowances 10. Casual Employees 11. Part Time Employees 12. Hours 13. Overtime 14. Refreshment and Meal Breaks 15. Family Leave 16. Dispute Settlement Procedure 17. Consultative Committees 18. Trade Union Training Leave 19. Leave Reserved 20. Signatories Schedule A-Wages Levels Schedule B-Allowance Levels 3.-Area and Scope. This agreement shall apply to Foodland Associated Limited operating within the State of Western Australia and employees who are eligible to be members of The Shop, Distributive and Allied Employees' Association of Western Australia. 4.-Parties Bound. (1) This agreement shall be binding on the following parties- (a) Foodland Associated Limited (hereinafter "the company") (b) The Shop, Distributive and Allied Employees' Association of Western Australia (hereinafter "the SDA"). (2) The parties to this agreement shall be bound jointly and separately to oppose any subsequent application by any other body or organisation to be joined to this agreement 5.-Relationship to Parent Award. (1) This agreement shall be read and interpreted in conjunction with the Foodland Associated Limited (Western Australia) Warehouse Award 1982 (hereinafter "the award"). (2) Where there is any inconsistency between the terms of this agreement and the award this agreement shall prevail to the extent of the inconsistency. 6.-Date and Period of Operation. (l) This agreement shall operate from 1 May 1994 and shall remain in force until 1 May 1996. (2) This agreement shall not continue to have effect beyond 1 May 1996, unless all parties to the agreement agree to that course prior to 1 May 1996, with agreed matters being inserted into the aWard. (3) The parties will commence discussions to review the terms and content of the agreement at least three months prior to its expiry date with a view to reaching agreement on the terms of a replacement agreement. 75 w.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 95 7.-Aims of Agreement. To provide a framework upon which the company and its employees can build an ongoing relationship which: (I) Facilitates continuous improvements and the development of high performance work systems that benefit customers, employees and sharehold- ers. (2) Allows employees to gain and utilise a broader range of skills and encourages access to relevant and applicable training programmes. (3) Achieves improved communication and genuine consultation in the workplace. 8.-Commitments. During the period of operation of the agreement: (1) Except as provided by subclause (5) of this clause there will be no extra claims in relation to wages and conditions during the term of this agreement except where consistent with State Wage Case Principles. (2) The terms and conditions of this agreement will not be used to base or progress a claim or claims against any other organisation or employer. (3) The agreement shall not operate to cause an employee to suffer a reduction in wages or conditions but this shall not be interpreted as guaranteeing levels of overtime to any employee or overall. (4) The SDA shall not take any industrial action in support of or in relation to any claim for improved working conditions or wages in any of the company's operations during the term of this agreement and shall not countenance any of its members conducting any industrial action in support of such claims within the term of the agreement. ' (5) The parties shall, as soon as practicable, en- deavour to negotiate and implement an equitable bonus system for employees working under the "new systems of work" which were the subject of negotiations leading to this agreement. For the purposes of this clause, claims relating to this bonus system will not be regarded as "extra claims". 9.-Increases to Rates of Pay and Allowances. (1) In accordance with this agreement, rates of pay for classifications in Clause 28.-Wages of the award shall be; (a) The 2% already paid from May 1994; (b) 3% payable from 1st August 1994; (c) 3% payable from 1st May 1995. (2) The rates to apply are expressed in Schedule A-Wage Levels. (3) In accordance with this agreement, allowances in the award shall be increased by 3% with effect on and from 1st August 1994 and by 3% with effect on and from 1st May 1995. (4) The allowances to apply are expressed in Schedule B-Allowance Levels. (5) The increases referred to in this clause are in recognition of: (a) General productivity improvements from: (i) changes in bulk picking arrangements; (ii) stock handling, dispatch and receivals; (iii) new layouts, methods of operation and other improvements in productivity inherent to the new warehouse facility at Canning Vale. (b) Expected improvements in productivity in the areas of stock damages, absenteeism, safety and accident rates. (c) The changes to rosters to be worked at Australian Liquor Marketers (ALM). (d) The extension of ordinary hours. (e) Increased flexibility in the maximum and mini- mum hours worked. (0 Rostered days off being able to be deferred. (g) The introduction of time off in lieu of overtime. (h) Changes to the Disputes Settlement Procedure. 10.-Casual Employees. (1) "Casual employee" shall mean an employee engaged by the hour and who may be dismissed or leave the company's service at any moment without notice and except as hereinafter provided shall not be engaged for more than 32 hours per week in ordinary hours. Notwithstanding the aforementioned, a casual employee may be engaged for ordinary hours up to and including 38 hours per week for periods not in excess of one month for the purposes of relieving full time employees absent on approved leave or to assist during the peak period of Easter; or for a period not in excess of three months to assist during the peak period of Christmas. Any casual employee engaged and not permitted to commence work shall receive two hours' pay at the rate of 20 per centum in addition to the appropriate rate of wages prescribed in this agreement. (2) The minimum period of engagement for casual employees shall be four hours provided that the minimum engagement for casual employees who are engaged by the company after 18th June 1990 shall be three hours. Casual employees shall be engaged in one continuous period in any day at the rate of 20 per centum in addition to the rates prescribed in Schedule A-Wage Levels and in addition to any shift loading prescribed in Clause 34.-Shift Work of the award. ll.-Part Time Employees. (1) Except hereinafter provided, a part time employee shall mean an employee who may be engaged on any day Monday to Saturday inclusive for a maximum of 60 hours per fortnight with not more than ten daily work commence- ments in any fortnightly period. Provided that a part time employee shall not be engaged for less than three consecu- tive hours nor more than eight consecutive hours exclusive of meal times on any day. (2) The proportion of part time employees who may be employed shall not exceed- (a) Where no full time employee is employed, one part time employee. (b) Where up to two full time employees are employed, one part time employee. (c) Where three or more but less than five full time employees are employed, two part time employ- ees. (d) Where five or more but less than seven full time employees are employed, three part time employ- ees. (e) Where seven or more but less than nine full time employees are employed, four part time employ- ees. (0 Where nine or more but less than eleven full time employees are employed, five part time employ- ees. (g) Where twelve or more full time employees are employed. one part time employee may be employed for each two full time employees. (3) A part time employee shall receive payment for wages. annual leave. holidays. sick leave and long service leave on a pro rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours. (4) When a day. being a day when an employee would have been rostered to work. is a holiday under the provisions of Clause 14.-Holidays of the award. then that day shall be a holiday without deduction of pay to such employee. 96 WESTERN AUSTRAliAN INDUSTRIAL GAZETfE 75 W.A.I.G. (5) Provided that subject to subclause (1) of this clause part time employees may be offered and may accept additional hours to the base rostered hours and those hours shall be paid at the appropriate casual rate. 12.-Hours. (1) The ordinary hours of work shall be rostered between 6am and 9pm on no more than 3 days, Monday to Friday inclusive, provided that: (a) Each operating division nominates the day/days of extended hours to suit the seasonal and opera- tional requirements of the division. (b) One week's notice shall be provided by the company to change the nominated days to suit the seasonal and operational requirements of the division. (c) This clause shall only apply to volunteers and employees commencing on or after 2nd May 1993. (d) All ordinary hours worked between 6pm and 9pm shall be paid at the rate of 2S% in addition to the ordinary rate of wage. (2) (a) For volunteers and for employees commencing on or after 2 May 1993, the maximum number of ordinary hours on Monday to Friday inclusive that may be worked on anyone day shall be ten and the minimum number of ordinary hours per engagement shall be three. This subclause applies to full time and part time employees whose ordinary hours or shifts are deemed part of Monday to Friday operations. (b) Where an employee's roster is changed in a week in which a public holiday falls, such that a day on which the employee would have been required to work in excess of eight ordinary hours is changed from the day on which the public holiday falls to another day, then such an employee shall be paid for all hours worked in that week and paid for all hours that he/she would normally have been rostered to work on the day of the public holiday had the roster change not been effected. (3) (a) By mutual agreement between the company and the employee a rostered day off may be deferred to a time mutually agreed at the time of deferral. Rostered days off may not be deferred for more than twelve months. (b) No employee may have more than five rostered days off deferred at anyone time. (c) Any employee who at the time of termination of employment has an entitlement to deferred ros- tered days off shall be paid out such entitlement at the appropriate rate. (4) Notwithstanding anything contained herein and at Clause 9.-Rostered Day Off, Clause 13.-Overtime and Clause 35.-Payment of Wages in the Foodland Associated Limited (Western Australia) Warehouse Award 1982, the following methods of operating the 38 hour week shall be observed: (a) Except as provided for in paragraph (b) of this subclause, full time employees shall be required to work: (i) no more than IS2 ordinary hours per four week cycle; (ii) no more than 19 work commencements per four week cycle; (iii) no more than S commencements in any week; (iv) no more than 40 hours in any week. (b) Notwithstanding paragraph (a) of this subclause, an employee whose rostered day off in any four week cycle has been deferred pursuant to sub- clause (3) of this clause shall be required to work; (i) no more than 160 ordinary hours per four week cycle; (ii) no more than 20 work commencements per four week cycle; (iii) no more than S commencements in any week; (iv) no more than 40 hours in any week. 13.-Overtime. An employee and the company may agree that time off shall be allowed in lieu of payment of overtime. Such time off shall be subject to: (1) The time off allowed being equivalent to the overtime rate that otherwise would have been paid. (2) The time of taking time off being agreed at the time of arranging the overtime. 14.-Refreshment and Meal Breaks. (1) An employee working more than eight ordinary hours shall be allowed two paid breaks of ten minutes to be taken either side of the unpaid meal break. (2) Where an employee works for more than eight ordinary hours and those hours extend beyond 8.00pm, an allowance shall be paid for the purchase of a meal at the higher meal money rate applicable at the time from Schedule B. IS.-Family Leave. (1) Full time employees may use up to 15.2 hours of their accrued sick leave in any year of service for family reasons. Family leave is availabe in units of not less than one hour. (2) In any year in which less than IS.2 hours of family leave are taken by an employee the remainder of the IS.2 hours entitlement for that year remains as accrued sick leave and, as such, continues to accrue. (3) Part time employees' entitlement to family leave shall be calculated on a pro rata basis in the same proportion as the number of hours regularly worked bears to 38 hours but in all other respects is as provided by this clause. 16.-Dispute Settlement Procedure. (1) The objectives of this procedure shall be- .. to promote the resolution of disputes by measures based on consultation, co-operation and discus- sion; .. to reduce the level of industrial confrontation; EO to avoid interruption to the performance of work and consequential loss of production and wages; and EO to minimise the interruption of supply and loss of sales by customers. (2) The dispute settling procedure shall include the following four steps: (a) Discussion between employee/s concerned (and the shop steward if requested) and the immediate supervisor. (b) Discussions involving the employee/s concerned, the shop steward and the manager. (c) Discussions involving the shop steward, an offi- cial of the SDA, the manager and a representative of the Personnel Department. (d) Discussions involving senior SDA officials and senior management. (3) A time limit of two working days shall apply between paragraphs (2)(a) to (2)(d) of this clause. Provided that the parties, by all reasonable means, shall attempt to complete the process as soon as practical. (4) Throughout all stages of the procedure all relevant facts, issues and concerns shall be clearly identified and exchanged between the parties. (5) (a) All employees in all operating divisions shall vote on final offers or recommendations concerning company-wide matters and the majority of all votes shall prevail. For other issues related to individual operating division(s) the vote shall be restricted to the division(s). (b) Offers or recommendations for resolution will be put consistently and progressively to all employ- ees in each operating division for voting. No 75 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETIE 97 amendments or negotiations will take place until all employees have so voted. (6) (a) If no resolution has been achieved, and industrial action is likely to result the company may and the SDA shall summarise their position by posting notices to notice boards in all operating divisions to allow all employees reasonable opportunity to view the notiCl'~ (b) Prior to taking any form of industrial action a vote by secret ballot will be conducted by the SDA, with an independent observer nominated by the company to observe the ballot procedure. Such ballot shall not be conducted until approximately 24 hours has passed since the posting of notices referred to in paragraph (6)(a) of this clause. (c) Where it is a company wide matter all employees in each operating division shall vote progressively by secret ballot. With regard to all other disputes any secret ballot shall be restricted to the division(s). (d) No results of any such secret ballot shall be announced until after voting has been completed in each operating division. (7) While the Dispute Settlement Procedure is being followed, work shall continue in accordance with existing practices subject only to bona fide safety issues where work may be deferred until the matter is determined. No party shall be prejudiced as to the fmal settlement by the continuance or deferment of work in accordance with this subclause. (8) It is open to the parties. at any time, to refer the matter to the