JBS Primo Wacol Enterprise Agreement 2019 EXPLANATION OF TERMS AND - - PowerPoint PPT Presentation

JBS Primo Wacol Enterprise Agreement 2019

EXPLANATION OF TERMS AND EFFECT

21 OCTOBER 2019 - UPDATED

Part rt 2 - Appli licatio ion and Operatio ion

• Agreement applies to Primo Foods Pty Ltd and all employees at Primo facilities in Wacol covered by the classifications (ie not

agreement free managers).

• Agreement will apply to AMIEU and BFUE who have been bargaining representatives for union members during the process.
• Agreement will apply from beginning of first pay period that occurs 7 days after Fair Work Commission approval.
• Nominal expiry date of Agreement is 11 April 2021 but the Agreement operates until it is replaced by a new agreement (or terminated).
• Agreement is read in conjunction with the National Employment Standards (NES) in the Fair Work legislation which set out 10

minimum standards of employment for all Australian employees eg annual leave, parental leave. An enterprise agreement cannot provide lesser entitlements than the NES so the NES will prevail over the Agreement if there is any inconsistency.

• Copies of the NES are available from the Primo HR Office.
• Agreement no longer incorporates the terms of the Meat Industry Award. Instead the Company has included additional Award

provisions in the Agreement itself so that all the terms are contained in one document.

• Objectives and employee obligations under the Agreement are unchanged.

Part rt 4 – Cla Classif ific icatio ion St Stru ructure & Part rt 5 - Wages

Production employees

• 2% increase from the date of Approval of the Agreement by the FWC
• Further 2% increase from 13 April 2020
• Rates based on a 38 hour week
• T1 classification is the old Level 7
• No Level 8 roles or pay rates
• All rates are at least 2.4% above Award with Level 4

and higher classifications well above Award (9% - 21%)

• Transitional employees will continue to get their old site rate if it is higher than the above rate for their classification

Classification Level From date of approval by FWC From 13 April 2020 Hourly Hourly 1 $19.96 $20.36 2 $20.96 $21.38 3 $21.85 $22.29 4 $22.90 $23.36 5 $24.02 $24.50 6 $25.26 $25.76 P1 $26.41 $26.94

Part rt 4 – Cla Classif ific icatio ion St Stru ructure & Part rt 5 - Wages

Production employees

• Classifications of production Job Roles are set out in Agreement

and shown in the table

• Cashin operator removed from Level 4
• Level 7 & 8 roles have been removed
• New Level P1 role
• No other changes to classifications
• General descriptors of each classification are set out in the

Agreement

• Employees classified at a higher level under a previous enterprise

agreement will keep their higher classification (unless they are assessed as not competent)

Level Description Level 1 1. Process Worker 2. Cleaner Level 2 1. Process Worker 2. Cleaner who has achieved competency and/or has knowledge of IP handling procedures, safe work practices, chemical handling, hygiene and sanitation procedures and has demonstrated required standard in relation to quality, output and reliability. Level 3 1. Waste Room Operative 2. Cooks Assistant 3. Grinder Operator 4. Traying Operator 5. Laundry Assistant 1. Peeler Operator 2. Breaker Operator 3. Despatch Packer Palletiser 4. Senior Process Worker Level 4 1. Water Thaw Operator 2. Cook Tank Operator 3. Microwave Operator 4. Mincer and Guillotine Operator 5. Thaw Massage Operator 1. Massage Operator 2. Chiller Operator 3. Finished Goods Despatcher 4. VS90 Operator 5. 8300 Operator Level 5 1. Blender Operator 2. Brine Mixer Operator 3. Batching System Operator 4. Smallgoods Line Preparation 5. Meat Trimmer (Hand or Mechanical) 6. Utility Cutter Operator 7. Bulk Line Filler Operator 1. Tally Clerk 2. Cookhouse Operator 3. Filler Operator 4. Dicer Operator 5. Multivac Operator 6. Slicer Operator 7. Quality Checker 8. Despatch Operator Level 6 1. Bowl Cutter Operator 2. Power Cure Operator 3. Senior Cookhouse Operator 4. Maturing and Greening Room Operator 5. Boner 1. Injector Operator 2. Senior Filler Operator 3. Band Saw Operator 4. Pack Line Operator 5. Senior Slicer Operator Level P1 1. AS400 Specialist 1. Quality Assurance Technician

Part rt 4 – Cla Classif ific icatio ion str tructure & Part rt 5 - Wag ages

Warehouse & Warehouse clerical employees

• 2% increase from the date of approval by the FWC
• Further 2% increase from 13 April 2020
• Weekly rates are based on 40 rostered hours per week (38 ordinary

hours plus 2 additional hours) and averaged to get an hourly rate

• Average hourly rate is still used as the ordinary hourly rate for leave

entitlements, calculation of overtime & shift allowances etc. A reference in the Agreement to “ordinary rate of pay” means the average rate of pay for Warehouse or Warehouse Clerical employees

• General descriptors for each classification are set out in Agreement
• No changes to classification except new employees with a

forklift licence are now a Level 3

• All rates are at least 3% above Award with Level 4 and higher

classifications well above Award (8.5% to 17%)

Classification Level From date of approval by FWC From 13 April 2020 Average hourly rate Average hourly rate 1 $20.60 $21.01 2 $21.62 $22.06 3 $22.60 $23.06 4 $23.72 $24.19 5 $24.53 $25.02 6 $25.57 $26.08 Classification Level From date of approval by FWC From 13 April 2020 Average hourly rate Average hourly rate 1 $23.38 $23.85 2 $24.18 $24.67 3 $25.74 $26.26

Part rt 6 – All llowances

Shift allowances

• 15% premium for an afternoon shift (defined as a shift commencing at or after 1pm and finishing at or before midnight)
• 30% premium for a night shift (defined as a shift finishing after midnight and at or before 9am)
• Shift allowances are calculated based on your ordinary rate of pay
• NEW – If you work an afternoon shift or night shift that does not continue for 5 consecutive days you will be paid a 50% premium

for the first 3 hours of your shift and 100% premium for the remaining hours instead of the afternoon or night shift allowance

• NEW – Change to treatment of shifts that start on a Friday night and finish on Saturday morning and those that start on Sunday

night and finish on a Monday morning. You will be paid at overtime rates for the work before 6am on Saturday or any time on Sunday and the 30% premium for the rest of the shift.

• Shift allowances are not paid on any overtime hours and are not used to calculate overtime payments or other penalties.

NEW Early Start Allowance

• Early Start = ordinary rostered shift that starts before 6am and is not a night shift
• Production employees will receive an extra $6.22 per hour for work between 5am and 6am (and overtime rates for work before

5am)

• Warehouse employees will receive an extra $5.82 per shift for a shift commencing at or after 4.30am and before 5am (and
• vertime rates for work before 4.30am).
• Warehouse employees starting at 5am and Warehouse Clerical employees do not receive anything extra as the shift rate is high

enough to compensate for the Early Start

• Early Start Allowance does not apply to any overtime worked before 6am i.e. work done in addition to your rostered hours
• Early Start Allowance will increase by 2% in 13 April 2020 when the wage rates go up

Part rt 6 – All llowances

Other allowances

• All other allowances have increased and will increase again in

April 2020

• Most of them are now paid on an hourly basis for each ordinary

hour worked rather a weekly basis

• All allowances are the same as or higher than the

corresponding allowances in the Meat Industry Award

• There is no change to the eligibility criteria to receive an

allowance

Allowance description From date of approval by FWC From 13 April 2020 Leading hand allowance $2.81 per ordinary hour $2.87 per ordinary hour Meal allowance (1.5 hours overtime after end of rostered shift) $14.70 per occasion $14.99 per occasion First aid allowance $0.42 per ordinary hour $0.43 per ordinary hour Chilled space allowance (30 mins or more in temperature of 0 to 7 degrees) $0.18 per ordinary hour $0.19 per ordinary hour Freezer allowance (30 mins or more in temperature of below 7 degrees) $1.52 per ordinary hour $1.55 per ordinary hour Forklift – more than 20 hours $0.65 per ordinary hour $0.67 per ordinary hour Forklift – 20 hours or less $0.61 per ordinary hour $0.62 per ordinary hour Forklift – LF and LO $0.96 per ordinary hour $0.98 per ordinary hour On call – weekday night $6.00 per night $6.12 per night On call – public holiday $12.99 per public holiday $13.25 per public holiday On call – weekend $26.37 per weekend $26.90 per weekend

Part rt 5 – Wages and Part rt 7 – Su Superannuatio ion

• Wages continue to be paid weekly via EFT to your bank account
• Any pay issues will be investigated and if they are found to be the Company’s fault the issue will be rectified in the next pay run. If you

are experiencing financial difficulty you can request an early payment.

• Higher duties
• Higher rate for the full day/shift if you perform higher level work for 2 hours or more (improvement from 4 hours)
• Higher rate for 2 hours if you perform higher level work for less than 2 hours (with balance of shift at ordinary classification rate
• Junior rates
• % of Level 1 payable to employees under 20 until they pass probation/achieve 6 months’ service.
• % of Level 2 payable to employees under 20 until attainment of full Level 2 competency or appointment to higher level
• Full adult rate after full Level 2 competency
• Superannuation
• 9.5% superannuation as per Superannuation legislation
• Employees can nominate a super fund of their choice or AustralianSuper is the default fund
• Salary sacrifice of additional super is available from pre-tax or post-tax earnings

Part rt 3 – Term rms and Co Condit itio ions of f Emplo loyment

• Employees are full time, part time or casual
• Full time = 38 hours per week (Warehouse and Warehouse Clerical employees work 40 rostered hours – 38 ordinary plus 2 additional)
• Part timers
• Reasonably predicable hours less than 38 hours per week
• Minimum of 4 hours per day
• Pro rata leave entitlements
• Agreed days and start/finish times on commencement
• All time worked outside agreed hours is overtime
• Casuals
• Engaged by the hour & terminated at the end of each engagement
• Minimum engagement of 4 hours per day (or paid in lieu if the Company dismisses them earlier, not if employee leaves earlier)
• Paid at casual loading of 25% in lieu of paid leave entitlements, notice of termination etc
• Paid overtime after 38 hours per week (at overtime rates, not casual loading)
• Paid any applicable shift allowance in addition to casual loading
• Casual is able to request conversion to full time/part time employment after 12 months regular service and Company can only

refuse on reasonable grounds after consultation

Part rt 3 – Term rms and Co Condit itio ions of f Emplo loyment

Termination of employment

• Notice periods are based on length of service and consistent with the National Employment Standards
• The Company can provide you with a payment of notice in lieu on termination instead of your notice period
• Your final termination pay will be paid on the next pay day for the pay period in which your termination date falls
• If you resign and do not give the Company the required amount of notice, the Company can deduct up to a week’s pay from your

wages on termination

• Other deductions can be made from your wages on termination for monies owing to the Company as long you have authorised

the deduction and the Company complies with the legislation.

• On request, the Company will provide you with a statement of employment including your classification and Job Role
• If your employment is terminated by the Company, you are entitled to a total of 8 paid hours off during your notice period to look

for another job. Abandonment of employment

• Clause applies if you are absent from work for two days or more without any contact with the Company.
• The Company will try to contact you by phone/email and then by sending you a formal letter
• If there is no response to the letter within 5 business days, you will have abandonment your employment and the Company will

provide you with notice of termination

• You can challenge the termination by providing a reasonable explanation for your absence and your lack of contact with the

Company and reinstatement may be considered.

Part rt 3 – Term rms and Co Condit itio ions of f Emplo loyment

Consultation

• Required term of all enterprise agreements
• Consultation with you is required if the Company has made a definite decision to introduce a major workplace change
• Consultation is also required if the Company proposes a change to your regular roster or ordinary hours of work
• You may appoint a representative during the consultation process and this representative will be recognised
• Discussions will be held about the change and information provided in writing, with a focus on how the change is likely to impact
• n employees and steps the Company is taking to minimise that impact
• The Company will consider matters raised by employees and representatives during the consultation process

Dispute resolution procedure

• Required term of all enterprise agreements
• Applies to disputes about Agreement matters or the National Employment Standards only (not ordinary grievances)
• Representatives are recognised at all steps of the process
• Employees and representatives are expected to follow the sequential escalation steps in the procedure
• Step 1 – attempt to resolve matter at workplace level with your relevant supervisor – 72 hour timeframe for resolution
• Step 2 – if no resolution, the matter should be raised in writing by you or your representative to the Department Production

Manager or equivalent. The dispute will be acknowledged and attempts made to resolve it within 7 days.

• Step 3 – if no resolution, the matter should be referred to the relevant General Manager Operations or their delegate. A

determination will be made at this level within 14 days of the escalation to this level.

• Step 4 – referral to the Fair Work Commission for mediation or conciliation, and then for arbitration if unsuccessful
• Work will continue as normal while the dispute resolution procedure is being followed

Part rt 3 – Term rms and Co Condit itio ions of f Emplo loyment

Redundancy

• Redundancy occurs when the Company decides that it no longer requires an employee’s job to be done by anyone and it is likely

to lead to termination of employment

• Consultation will take place prior to any termination of employment due to redundancy and this will include relevant information in

writing to employees and their representatives

• Selection for redundancy will continue to be based on an employee’s skills, experience, performance, disciplinary history, length of

service etc

• If you are transferred to a lower Job Grade due to redundancy, you will receive the same amount of notice as you would if your

employment was terminated (or a top up to your previous pay rate if the full notice period is not given)

• The severance payments in the Agreement are based on length of service and consistent with the amounts in the NES. They are

paid on ordinary pay only, not the full weekly pay including shift allowances or overtime

• You will receive payment of all accrued leave entitlements including sick leave and pro rata long service leave (for more than 5

years service only) if your employment is terminated due to redundancy

• You are entitled to 1 paid day off per week during your notice period to look for a new job (subject to providing evidence of

attendance at an interview)

• You will receive your severance pay if you resign during your notice period but you will not get any payment in lieu of notice

Transitional employees

• Employees who were employed as at 1 December 2010 and transferred from other sites
• Continued Company commitment that you will be able to retrain to your current classification level
• Higher redundancy tables have been maintained
• Additional redundancy payments continue to apply based on age and length of service

Part rt 8 – Hours of f Work rk, , Meal l Br Breaks and Overt rtim ime

Start and finish times

• Company can determine start and finish times for each rostered shift
• Employees must dress and undress for work in their own time and be ready to commence work at their work station at the shift

commencement time.

• 36 hours notice is require for a change to a start and finish time (except for a short working day during the roster where notification

is required prior to the end of the shift on the previous day)

• Change to start/finish time for a shift worker requires 7 days notice (other than on a short day)
• A change to a roster (as opposed to a start or finish time) requires consultation prior to any change being made

Ordinary hours of work

• 38 hours per week for Production
• 38 hours plus 2 additional hours for Warehouse and Warehouse Clerical
• NEW - Span of ordinary hours for day workers is 6am to 6pm Monday to Saturday (but Production can start at 5am and

Warehouse/Warehouse Clerical at 4.30am without any additional payments other than the Early Start allowance (if applicable)

• Maximum of 10 hours per shift & 5 consecutive days
• No change to the way ordinary hours can be arranged ie still 4 x 8hours + 1 x 6 hours OR 3 x 8 hours + 2 x 7 hours for Production
• Other arrangements (eg 5 x 7.6 hours) are available by individual or majority agreement
• Warehousing is 5 x 8 hours = 40 hours
• An employee can only transfer from shift work to day work or day work to shift work by agreement
• Saturday: An employee can only work 4 ordinary hours between 6am and 6am on Saturday for a 25% premium (additional hours
• r hours outside these times are overtime)

Part rt 8 – Hours of f Work rk, , Meal l Br Breaks and Overt rtim ime

Overtime

• Payable for additional hours worked per week (greater than 38 hours for Production or 40 hours for Warehouse/Warehouse

Clerical)

• Overtime rates payable for ordinary work outside span of ordinary hours for day workers (except Production employees can start

at 5am and Warehouse/Warehouse Clerical can start at 4.30am)

• Overtime payable to shift workers for work outside the ordinary shift work hours
• Overtime = time and a half for the first 3 hours and double time for the remainder of the shift – Monday to Saturday
• Minimum of 3 hours overtime on Saturday and 4 hours on Sunday
• All Sunday overtime is paid at double time
• Employees are expected to work reasonable overtime in accordance with the principles in the NES.
• NEW – Time off in lieu of overtime
• available by mutual agreement only
• time off is taken at the rate equivalent to the overtime rate (ie 1 hour @ time an a half = 1.5 hours off).
• time off must be taken within 6 months or the original overtime will be paid out to you
• You must have 9 hours off between shifts (including travel) or you will be paid at overtime rates until you have a 9 hour break

(except call backs or changes in working hours following an employee request)

• Call backs are paid at overtime rates with a minimum of 2 hours pay for pre-arranged call backs and 4 hours for call backs without

any prior notice NEW Make up time

• You may elect with the consent of the Company to take time off during the ordinary hours of your shift and make up the time later

Part rt 8 – Hours of f Work rk, , Meal l Br Breaks and Overt rtim ime

Meal breaks

• Unpaid meal break of 30 minutes after more than 5 hours work – does not count as time worked
• Meal break starts from the time you enter the lunch room and ends when you leave the lunch room
• Meal break time is fixed and can only be changed by mutual agreement or in emergency situations (1 hour either side) or by the

Company giving 48 hours notice of the change

• If you are called on to work during a meal break you are paid overtime rates until you receive a meal break

Rest pauses

• Paid rest pause of 20 minutes for a shift or 6.5 hours or more
• Rest pause of 20 minutes if you work overtime and it is 5 hours since last meal break – paid rest pause unless you receive a meal

allowance instead Stand down

• Consistent with the legislation, you may be stood down without pay if you cannot be usefully employed due to an event over which

the Company has no control eg a machine breakdown.

• You may request annual leave to cover a period of unpaid stand down and this will not be unreasonably refused by the Company
• If you have already attended for work prior to notification of the stand down, you will receive 2 hours work or payment for 2 hours
• Full time and part time employees will be provided with other duties or training for a part day of stand down or paid for the rest of

the shift NEW – Flexible working arrangements – Award clause

• Sets out the consultation process required if you request a change to your working arrangements

Part rt 9 – Le Leave and Publi lic Holi lidays

• Annual leave
• NES provides 4 weeks annual leave per year of continuous service
• Annual leave is paid at your ordinary rate of pay
• Annual leave is taken at times by agreement with the Company and paid on the usual pay day
• NEW – If you have performed higher duties during the period 4 weeks prior to your annual leave, you will be paid annual leave

based on the average of your ordinary earnings (excluding penalties) for the 4 complete pay periods prior to your leave

• You will receive additional annual leave loading of 17.5% OR if you work shiftwork, a shift allowance if it is greater than the 17.5%
• Excessive annual leave – Company may direct you to take annual leave if you have a balance greater than 8 weeks after

attempts have been made to reach agreement on a way to reduce the balance. There are limits on the way the Company can ask you to take the leave. You also have the right to request annual leave if you have an excessive annual leave balance.

• Annual leave may be taken in advance by agreement with the Company and will be deducted from wages on termination if you

still have a negative balance

• Cash out of annual leave is available as long as you retain an AL balance of 4 weeks
• Sick leave will be substituted for annual leave if you provide evidence of an illness/injury while you are on annual leave
• Employees previously at Hans Wacol will retain their picnic day as additional day of leave each year (does not attract annual

leave loading)

Part rt 9 – Le Leave and Publi lic Holi lidays

Personal/carer’s leave/Absenteeism management

• 76 hours of paid leave per year of service (80 hours for Warehouse and Warehouse Clerical)
• Notification and evidence requirements are set out in the clause:
• medical certificate is required for more than a 2 day absence or if you have an unsatisfactory attendance record
• notification is required before the commencement of your shift (or if your illness prevents that as soon as reasonably

practicable after the shift has commenced)

• You may be asked to provide a medical certificate for a single day absence if you have had:
• more than 10 days absent in a 12 month period
• absences of more than 2 days with no medical certificate provided
• a pattern of non attendance – eg consistent Mondays or Fridays off
• You may be disciplined if you do not comply with the notice and evidence requirements that demonstrate you are absent from

work due to illness

• 2 days unpaid carer’s leave per occasion for casuals and full timers/part timers who have run out of paid leave
• Cash out of sick leave during employment is available once per year as long as your balance remains more than 15 days
• Sick leave is not paid out termination.

Part rt 9 – Le Leave and Publi lic Holi lidays

• Parental leave
• As per the National Employment Standards
• Compassionate leave
• As per the National Employment Standards – 2 days paid per occasion
• Long service leave
• As per the Qld Industrial Relations Act
• Any requests for payment in lieu of a long service leave entitlement will now need to be made to the Qld Industrial Relations

Commission as the Company no longer has the legal ability to agree to this.

• NEW Domestic violence leave
• Award provision
• 5 days unpaid leave per year
• Community service leave
• As per National Employment Standards
• Jury service
• The Company will pay you for the full absence from work due to jury duty (less any fees received by you from the Court)

Part rt 9 – Le Leave and Publi lic Holi lidays

Public holidays

• All current public holidays are set out in the Agreement
• You are required to work public holidays if advised to do so by the Company
• Public holiday rates are set out in the Agreement (usually time and a half for the first 2 hours and double time after that) and are

paid in addition to your ordinary rate of pay

• Substitution of public holidays for another day is available by individual agreement – majority agreement is now not enough
• NEW – Night shift employees – when part of a night shift falls on a public holiday
• You may agree to swap part of a shift that falls on a public holiday for another day
• If the part shift not swapped, you will receive public holiday rates for the part of the shift falling on a public holiday and the

Night Shift allowance for the rest of the shift.

Part rt 10 – Misce iscell llaneous Provi visio ions and Part rt 11 – Unio ion Matters

• Requirements to comply with workplace health and safety, quality and food safety and fidelity to the Company obligations and there may

be disciplinary action for breaches

• Company will provide and launder uniforms
• Individual flexibility arrangement
• Required term of all enterprise agreements
• You may vary certain terms of the Agreement (eg working hours) by individual agreement with the Company
• Discipline/Termination
• Ability to have a representative present at all discussions
• You will have allegations of misconduct/poor performance put to you in writing prior to any discussions
• Suspension for up to 5 days is available as an alternative to dismissal for serious misconduct but only by mutual agreement
• Union matters
• Recognition of delegates
• Deduction of union dues from your pay is available
• Union noticeboard
• Unpaid absence to attend union business (including a total 6 unpaid days for training for all employees)

Su Summary ry

• 2% increase on current rates effective from the date of approval by the FWC
• Further 2% increase on 13 April 2020
• All rates are 2.4% - 21% above Meat Industry Award rates
• Additional payments to Warehouse employees who start at 4.30 am and Production employees who start at 5 am
• No significant changes to classifications
• Additional Award clauses within the Agreement
• No significant changes to previous content of Agreement – wording changes to improve clarity and understanding

Questio ions?

• Your supervisor
• Josh Smith, Wacol Factory Manager – Joshua.Smith@primofoods.com.au
• Dean VanderZant, Wacol DC Manager – Dean.VanderZant@primofoods.com.au
• Tanya Shanahan, Primo HR General Manager – Tanya.Shanahan@primofoods.com.au
• Corey Dyer, Primo HR Officer – Corey.Dyer@primofoods.com.au