Professional Documents
Culture Documents
CERTIFICATION OF AGREEMENT
In accordance with section 170LT of the Workplace Relations Act 1996, the Commission
hereby certifies the attached written agreement.
This agreement shall come into force from 1 October 2002 and shall remain in force until 30
June 2005.
2 Arrangement
Clause No Clause Page No
1 Title 1
2 Arrangement 1
6 Terms ofEmployment 2
7 Remuneration 4
8 Roster 7
10 Termination of Employment 30
11 Interruption of Work 33
13 Redundancy 36
14 Superannuation 36
16 Industrial Clothing 37
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6 Terms of Employment
6.1 A full-time employee is engaged is one who is engaged on a weekly basis and
will work in accordance with the roster arrangements specified in subclause
8.2, or the hours of work in accordance with subclause 8.5.
6.2 If the Employee has not previously been employed by Visy Paper, the employee
will be engaged on a probationary basis during the first three months of
employment for the purpose of determining the Employee's suitability for
ongoing employment.
6.3.1The employee is a part time employee who agrees to work a predetermined and
regular cycle of work which comprises a shorter period of work than the period
of time worked by the full-time employee [that is less than 35 hrs per week] and
receives a pro rata basis equivalent pay and conditions to those full time
employees performing the same type of work.
6.3.3.Ifpart-time employees, they shall be paid for each hour worked at the hourly
rate prescribed by this agreement for a full time employee for the classification
of work performed by them, but in no case shall any employee be paid less than
the minimum rate prescribed in this agreement.
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'Ihe payment or deduction m heu of termmation of employment provided
for this agreement shall be a pro rata payment for a full time employee.
6.3.4The provision of this agreement as regards annual leave, sick leave and
public holidays shall apply on a pro rata basis to part time employees as
follows.
Annual Leave
A part time employee shall become entitled to and shall take annual leave or
be paid in lieu of such leave in the same manner and under the same
conditions as a full time employee becomes entitled to and granted such
leave in accordance with the provisions of this agreement.
Sick Leave
A part time employee shall be come entitled to and shall and shall be paid
pro rata in the same manner and under the same conditions as a full time
employee becomes entitled to and granted such leave in accordance with
this agreement.
Public Holidays
A part time employee shall become entitled to and shall be granted public
holidays in the same manner and ur:tder the same conditions as a full time
employee becomes entitled to and granted such public holidays in
accordance with this agreement
No employee employed via a third party company shall be paid less than the
minimum rate detailed in this agreement.
Visy Paper may engage employees for up to three months to carry out work
on a casual basis either directly or via a labour hire company to cover short
term fluctuations in work load and short term absences. These employees will
be paid at the minimum rate as per the agreement for the work that they
perform plus relevant loadings, eg, casual loading and shift loading.
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INDUCTIONS
_It is Visy Papers intent that all new employees are provided with an agreed
induction in line with the company's policies and procedures prior to
commencing work at the mill. The induction content is structured to include all
safety required information and specific employment policies, employment
conditions, procedures and work instructions so as to enable the employee to
commence work in a safe, sensible and legal manner
7 Remuneration
7.1 Definitions
Should the employee not be able to progress within the time frames
specified, a review panel comprising the Production Manager, foreman
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and a designated expert nommated by the shift will carry out an
assessment. If it has been found that the company has unreasonably
held an employee back from reaching a level, a training plan will be
developed and implemented and the employee will be upgraded to the
next level where they will remain until they are competent.
All current employees will maintain their existing positions and rate of
pay and no employee will be disadvantaged for the sole purposes of the
application of the new rate and other provisions as they apply in this
agreement.
Where the Employee is absent from work on any shift, and there is no
entitlement to paid leave for that shift in accordance with clause 9 of this
Agreement, then the annual salary shall be reduced by an amount of 12
hours per shift for each shift of such absence.
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Employees shall be paid weekly (less income tax mstalments and other
authorised deductions) by direct deposit into the Employee's bank
account.
7. 5.1 Wages shall be paid by electronic funds transfer during working hours
shall be credited into the employees account with no cost to the
employee at the time of transfer.
7.5.2 In the case of an employee whose ordinary working hours of work are
arranged so that the employee works a constant number of ordinary
hours each week, wages shall be paid according to the actual ordinary
hours worked each week
7.5.3 In the case of an employee whose ordinary hours of work are arranged
so that the employee works an average number of ordinary hours each
week during a particular work cycle, wages shall be paid weekly
according to a weekly average of ordinary working hours even though
more or less than 3 8 ordinary hours may be worked in any particular
week of the work cycle. If that employee is absent from duty during a
week, [other than paid absences authorised by this agreement] the
employee shall loose his/ her entitlement to payment during that week
for the period of absence.
7.5.4 Visy Paper shall supply to the employee within 3 days of the payment to
which the pay slip relates, details of wage payments made. Such details
shall be in writing and shall contain the following;
• Date of payment and whether employment is full time, part time, casual
or fixed term
• Period covered by the payment and the wage rate, together with the
number of hours covered by ordinary and overtime rates.
Visy Paper may change the pay day or pay week providing that no employee
is financially disadvantaged as a result of such change.
When an employee is dismissed without notice all moneys due to them shall
be paid within twenty four hours of the termination of their employment.
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upon which he/she fads to so forward such moneys, pay to the employee
a full day's pay. Provided that where the employee's right to pay or the
amount thereof is disputed this subclause shall not, as to the amount in
dispute only, commence to apply until such dispute has been resolved by
the Commission or such other authority as may be involved.
Notwithstanding anything to the contrary contained in this clause, Visy
Paper shall not be required to pay to an employee any amount which is in
dispute as sick pay (should the employee become entitled to the sick pay
claimed) until the pay day of the pay week following the pay week in
which the employee's right to such pay was established.
8 Roster
8.1 It is the intention ofVisy Paper to operate the Mill365 days per year, 24
hours per day.
8.2 The Employee will work shifts on a roster which provides for 7 day per
week continuous operation. These shifts will be of 12 hours' duration on a 2
day shifts I 2 night shifts 14 days off cycle. It is intended by Visy Paper to
maintain the current roster arrangements baring unforseen circumstances. In
the event of a roster change being required Visy Paper will hold discussions
with the employees and the AWU before proceeding.
8.4 The employees may work additional hours to those set out in the roster
subject to agreement being reached between the Employee and Visy Paper.
Payment in these circumstances is calculated at time and one half for first 3
hrs and double time there after.
8.5 In the event that the Employee is not required to work under 12 hour roster
arrangements in accordance with subclause 8.2, the Employee may be
required to work ordinary hours or agreed shift arrangements in accordance
with mill requirements.
Employees who are required to work overtime for more than 1. 5 hours without
being notified on the pervious day or earlier will be entitled to a meal allowance
of$8.75.
Call in's are an accepted part of the job and all employees will respond
within reason at any time to meet operational needs.
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It IS agreed the company may use staff expert labour to cover call ins and
provide shift shortage coverage as required after all reasonable avenues
have been exhausted.
An employee called back shall be paid one hours ordinary pay for such
"call". In addition, all time worked on a 'call' shall be paid for at double
time rates provided that the employee will receive a minimum of 3 hours
pay or 3 hours work.
The provision of this clause shall not apply where notification is given
after the employee's last occurring work day immediately preceding a
weekend or rostered period off, greater than 48 hours he/she is required
to report for overtime work prior to his/her normal commencing time on
the first working day after than week end and such overtime work,
8.8.1.l(a) Where an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer shall notify the employees
who may be affected by the proposed changes and their union.
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8.8.2(a) The employer shall discuss with the employees affected and their union, inter
alia, the introduction of the changes referred to in subclause 8. 5.1 hereof, the
effects the changes are likely to have on employees, measures to avert or
mitigate the adverse effects of such changes on employees and shall give
prompt consideration to matters raised by the employees and/or their union in
relation to the changes.
8.8.2(b) The discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in subclause
8.5.1 hereof
8.8.2(c) For the purposes of such discussion, the employer shall provide in writing to
the employees concerned and their union, all relevant information about the
changes including the nature of the changes proposed; the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would be inimical to the employer's
interests.
The inclusion of the training days is based on the following conditions and in
recognition of the imbalance between payed hours and the hours actually
worked. Training has been developed to represent a benefit to the individual (s)
concerned and to the future needs of the mill in the development of highly skilled
operating staff Training will reflect the needs of the individual to enable future
advancement within the company.
Five (5) days of training will be structured into the roster over the 60 week
cycle. The additional days will not attract a penalty rate, but will be paid for at
the rate of single time only. (i.e. if training occurs for 8 hours on a training day,
pay will be for 8 hours at single time). These training days will be payed based
on a minimum of 8 hours (7 hrs training and 1 hours designated travelling time)
Training days will be structured into the roster so that they fall during four day
breaks not during annual leave periods built into the roster. Training days will
not be scheduled on the first day of the 4 day breaks.
Generally training will be of single day duration. Training days are for genuine
training purposes only, including OH & S where required by legislative change,
and are not intended to supplement gaps in shifts due to absenteeism.
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I he Company 1s prepared to be fleXIble With attendance for each training day.
Subject to proper advanced notice in writing; [which shall be not less than
one month] to the mill manager or production manager and subject to
production requirements, ,two union delegates (or officers of the AWU
elected in accordance with the rules of the Union) with not less than 6
months service with the employer shall, be granted up to five days leave with
pay each calendar year non-cumulative to attend courses conducted or
approved by the AWU which are designed to promote good industrial
relations and industrial efficiency within the industry.
8.10.1 The application to the employer must include the nature, content and
duration of the course to be attended.
8.10.2 The granting of such leave shall be subject to Visy Paper being able to make
adequate staffing arrangements amongst current employees during the period
of leave.
8.10.3 Leave of absence granted pursuant to this clause shall count as service for all
purposes of this award
8.10.4 Each employee on leave approved in accordance with this clause shall be paid
all ordinary time earnings. For the purpose of this subclause ordinary time
earnings for an employee means the classification rate, overaward payment
and shift loading which otherwise would have been payable.
8.10.5 All expenses (such as travel, accommodation and meals) associated with or
incurred by the employee attending a training course as provided in this clause
shall be the responsibility of the employee or the Union.
8.10.7 An employee granted leave pursuant to this clause shall, upon request, inform
the employer of the nature of the program
8.10.8 In the event a Scheduled rostered day off falls within a period of leave
approved pursuant to this clause, no alternative day off shall be substituted in
lieu.
8.10.9 Either party may refer any disagreement in the application of this clause to the
Australian Industrial Relations Commission for assistance in the resolution of
the matter.
8.10.10 Visy Paper and the parties agree that there will be a single formal training
program for all agreed nominated shift delegates [ maximum of 5 delegates]
during the life of this agreement; . that will focus on the effectiveness of
consultation and how this agreement operates works. This program will be
conducted jointly by the union and employers and is aimed at producing an
effective and efficient consultation process within the mill between
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(c ) Any requests for annual leave not included in the roster must be
made by the Employee to the nominated representative ofVisy
Paper at least 6 weeks in advance.
(c) Where the Employee is ill for more than 30 consecutive days, then
he or she is entitled to access salary continuation payments, for weekly
wages employees provided in accordance with the Pratt Industries
Superannuation Retirement Protection Fund.
9.5.Maternity leave
Subject to 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.
9.5.1(a)Nature ofleave
9.5.1(b )Definitions
9.5.1(b )(ii) Paternity leave means leave of the type provided for in subclause
9.5.2 whether prescribed in an award or otherwise.
9.5.1(b)(iii) Child means a child of the employee under the age of one year.
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9.5.1( d) Certification
9.5.1(e)(i) An employee shall, not less than ten weeks prior to the presumed
date of confinement, produce to her employer the certificate
referred to in sub-paragraph 9.5.1(d)(i).
9.5.1(e)(ii) An employee shall give not less than four weeks notice in writing to
her employer of the date upon 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 declaration
referred to in sub-paragraph 9.5.1(d)(ii).
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9.5.1(f)(ii) 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 medical practitioner.
Such leave shall be treated as maternity leave for the purposes of
paragraphs 9.5.1G), (k), (I) and (m) hereof
9.5.l(g)(i) Provided the maximum period of maternity leave does not exceed
the period to which the employee is entitled under paragraph
9.5.1(c) hereof:
9.5.1(g)(ii) The period of maternity leave may, with the consent of the
employer, be shortened by the employee giving not less than 28
days notice in writing stating the period by which the leave is to be
shortened.
9.5.1(h)(i) Maternity leave, applied for but not commenced, shall be cancelled
when the pregnancy of an employee terminates other than by the
birth of a living child.
9.5.1(i)(iii) For the purposes of paragraphs 9.5.1G), (k) and (I) hereof,
maternity leave shall include special maternity leave.
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 position.
9.5.10)(i) Provided the aggregate of any leave, including leave taken under
this subclause, does not exceed the period to which the employee is
entitled under paragraph 9.5.1(c) hereof, an employee may, in lieu
of or in conjunction with maternity leave, take any annual leave or
long service leave or any part thereofto which she is entitled.
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9.5.1.G)(ii) Patd s1ck leave or other patd authonsed absences (excluding annual
leave or long service leave) shall not be available to an employee
during her absence on maternity leave.
Subject to this subclause, 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 this agreement.
Where such position no longer exists but there are other positions
available for which the employee is qualified for and is capable of
performing, she shall be entitled to apply for a position as nearly
comparable in status and pay to that of her former position.
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9.5.l(n)(iv)
Nothing in this subclause shall be construed as reqmnng an
employer to engage a replacement employee.
9.5.2(a)Nature ofleave
9.5.2(b )Definitions
9.5.2(b)(ii) Maternity leave means leave of the type provided for in subclause
9.5.1 (and includes special maternity leave) whether prescribed in
this agreement or otherwise.
9.5.2(b)(v) Primary care-giver means a person who assumes the principal role
of providing care and attention to a child.
9.5.2(c)(ii) The employee must have had at least 12 months continuous service
with that employer immediately preceding the date upon which he
proceeds upon either period ofleave.
9.5.2( d) Certification
9 .5.2(d)(ii)( C)F or the period of paternity leave he will not engage in any
conduct inconsistent with his contract of employment.
9.5.2(e)(i) The employee shall, not less than ten weeks prior to each proposed
period of leave, give the employer notice in writing 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 paragraph 9. 5 .2( d) hereof
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9.5.2(f)(i) Provided the maximum period of paternity leave does not exceed
period to which the employee is entitled under paragraph 9.5.2(c)
hereof:
9.5.2(h)(i) Provided the aggregate of any leave, including leave taken under
this subclause, does not exceed the period to which the employee is
entitled under paragraph 9.5.2(c) hereof, an employee may, in lieu
of or in conjunction with paternity leave, take any annual leave or
long service leave or any part thereof to which he is entitled.
9.5.2(h)(ii) Paid sick leave or other paid authorised award absences (excluding
annual leave or long service leave) shall not be available to an
employee during his absence on paternity leave.
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 position.
9.5.3(b) Definitions
9.5.3(b)(ii) 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 step-child of the employee or of the spouse of the employee or a
child who has previously lived continuously with the employee for a
period of six months or more.
9.5.3(b )(iv)
Primary care-giver means a person who assumes the principal role
of providing care and attention to a child.
9.5.3(c) Eligibility
9.5.3(c)(ii) 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.
9.5.3(d) Certification
9.5.3(d)(i) Before taking adoption leave the employee must produce to the
employer:
9.5.3(f)(i) Provided the maximum period of adoption leave does not exceed
the period to which the employee is entitled under paragraph
9.5.3(c) hereof:
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9.5.3(g)(i) Adopt10n leave, applied for but not commenced, shall be cancelled
should the placement ofthe child not proceed.
9.5.3(h) Specialleave
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 interviews 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.
9.5.3(i)(i) Provided the aggregate of any leave, including leave taken under
this subclause, does not exceed the period to which the employee is
entitled under paragraph 9.5.3(c) hereof, an employee may, in lieu
of or in conjunction with adoption leave, take any annual leave or
long service leave or any part thereofto which he or she is entitled.
9.5.3(i)(ii) 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.
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 sub-sub-paragraph 9. 5. 3 ( c)(i)(B) hereof
9.5.3(l)(i)(B) An employee, upon returning to work after adoption leave shall be
entitled to the position held immediately before proceeding on such
leave or in relation to an employee who has worked part-time under
this clause the position held immediately before commencing such
part-time work.
9.5.3(l)(ii) 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.
9.5.4(a) Definitions
9.5.4(a)(i) Male employee means an employed male who is caring for a child
born of his spouse or child placed with the employee for adoption
purposes.
9.5.4(b)Entitlement
9.5.4(b)(i) 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 second anniversary of the placement.
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.
9.5.4(f)(ii)(A)A full-time employee shall be paid for and take any annual
leave accrued in respect of a period of part-time employment
under this subclause, in such periods and manner as specified
in this agreement, as if the employee were working part-time
in the class of work the employee was performing as a part-
time employee immediately before resuming full-time work.
An employee working part-time under this subclause shall have sick leave
entitlements which have accrued under this agreement (including any
entitlement accrued in respect of previous full-time employment)
converted into hours. When this entitlement is used, whether as a part-time
employee or as a full-time employee, it shall be debited for the ordinary
hours that the employee would have worked during the period of absence.
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An employee may work part-time under this clause notwithstanding any
other provision of this award which limits or restricts the circumstances in
which part-time employment may be worked or the terms upon which it
may be worked including provisions:
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(b) The Employee must notify Visy Paper as soon as possible of the
date upon which he/she is required to attend for jury service.
Further the Employee shall give Visy Paper proof of attendance,
the duration of such attendance and the amount received in
respect of such jury service.
10 Termination of Employment
order to terminate the employment of a weekly worker the
employer shall give to the employee the following notice:
10.2.1(a)(v) The period of notice in this clause shall not apply in the case of
dismissal for conduct that justifies instant dismissal, including
malingering, inefficiency or neglect of duty, or in the case of casual
employees, apprentices, or employees engaged for a specific period
oftime or for a specific task or tasks.
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10.2.1(a)(vi) For the purpose of this clause, period of continuous service means
the period during which the employee has served the employer
under an unbroken contract of employment.
Notice may be given on any day ofthe week provided always that the notice given in
this subclause shall not be given so as to take effect concurrently with any annual
leave to which the employee may be entitled and such notice or payment in lieu of
notice shall be additional to any bonus payable to the employee under clause 10.1 of
this award. For the purposes of this subclause, notice given at or before the
commencement of any day work or shift work shall commence to run from the
beginning of such day or shift and notice given after the commencement of day work
or shift work shall not begin to run until the commencement of the next succeeding
day or shift.
10.. 3 During the probationary period the Employee's employment may be terminated on the
giving of seven (7) days written notice or payment in lieu.
11 Interruption of Work
11.1 Visy Paper may deduct payment for any time the employee cannot usefully be
employed because of a strike by any union or through any breakdown of machinery
or any stoppage of work for any cause for which Visy Paper cannot be held
responsible. Visy Paper will consult with the employees and the Australian Workers
Union before implementing this clause and subject to agreement with the
employees ;the employees may elect to take any accrued leave during this time.
121.1(a) Each employer shall keep time and wages records showing:
12.1.1(a)(ii) The name of each award under which the employee has
entitlements;
full-time;
part-time;
temporary; or
casual
12.1.1(a)(vii) On each day or shift when the employee started and ceased work
and the start and cessation of any overtime;
12.1.1(a)(viii) The time of commencing and finishing the meal period. The meal
period before commencing overtime and/or recurring during the
working of overtime;
12.1.1(a)(xi) The leave taken by an employee, the entitlement to leave and the
accrual of leave is listed in the shift roster
12.1.1(a)(xii) The amount and date when superannuation contributions are made
on behalf of an employee and the fund into which they are made.
12.1.1(b) The records ofunion members shall be open for inspection by a duly accredited
official of the union, part to this agreement during the usual office hours at the
office or other convenient place. The inspecting official shall be entitled to take
and carry away a copy of any records but information so gained shall be treated
as confidential except where it is obtained for use in any proceedings under any
Commonwealth, State or Territory Act or in negotiations for the making of an
industrial agreement with an employer not bound by this award. Every record
kept or made under this clause shall for at least seven years after the making of
the record thereon be kept by the employer at their place of business and shall
be there open for inspection under this clause.
12.1.2 Twenty-four hours notice of the intention to inspect the time book shall be given
to the employer whose book is to be inspected.
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12.2.1 The following shall have power to enter during working hours any part of an
employer's establishment where work covered by this award is done provided that no
more than two persons shall at any one time visit or be in any establishment:
12.2.1(d) Any person or persons, not to exceed two, duly authorized by the Registrar or
Deputy Registrar in writing.
Any authorisation under paragraph 12.2.1 (d) may, at the discretion of the Registrar
or Deputy Registrar by whom it is granted, be granted generally or for a limited
purpose and time. Any such authorisation granted generally shall be terminable at will
by such Registrar or Deputy Registrar.
An employer shall permit any person referred to in clause 12.2 hereof to enter their
factory for the purpose of:
12.2.3(a) Inspecting;
12.2.3(b) Interviewing the employees in regard to their wages, rates and conditions of
employment and/or matters relating to the industry specified in clause 1.6 of
this award, and/or this award;
Except as otherwise provided in subclause 12.2.4 hereof, at least twenty four hours
notice shall be given in the employer or their representative by any such person or
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persons prior to their actual going on the premises, and the employer shall be notified
of their arrival, and she/he or representative shall be entitled to accompany any such
person or persons while she/he or they are on the establishment, and shall provide
access to the current wages book and time sheet and records of any employee. Upon
request of the said person or persons the employer or their representative shall
produce or shall permit to be seen any work or part of any work done or in the
course of being done by an employee. The work and duties of the employee shall be
interfered with as little as possible by any such person or persons.
The Registrar or Deputy Registrar shall have power to dispense with the said notice
on special application being made for any cause shown and supported by an affidavit
setting out the facts. A certificate duly signed by the Registrar or Deputy Registrar
stating that such notice has been dispensed with shall be sufficient proof of such fact.
Not more than two visits shall be made in any week to any employer's establishment
by authorised persons.
If any employer alleges that an authorised person is unduly interfering with the
working of their establishment, or is creating disaffection amongst employees, or is
offensive in their methods, or is committing a breach of any of the previous
conditions, such employer may refuse the right of entry, but a union shall have the
right to bring such refusal before the Australian Industrial Relations Commission,
which may there upon rescind or otherwise deal with such refusal.
The Union shall be permitted to use a notice board at each establishment for the
posting of notices in a reasonable manner concerning union meetings or other
legitimate union business.
13 Redundancy
Refer to attachment 1
14 Superannuation
Superannuation contributions not less than those required under
superannuation guarantee charge legislation will be made by Visy Paper
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If the matter still remains unresolved, it will be referred to the Australian Industrial Relations
Commission for conciliation.
If the matter is not resolved by conciliation, the parties will submit the matter to arbitration by
the Industrial Relations Commission for arbitration.
While the above procedure is being followed, work shall continue without restriction.
The parties shall at all times confer in good faith and without delay.
16 Industrial Clothing
15.1 The standard issue of clothing will comprise four sets incorporating a
combination of the following:
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One to be supphed on start of employment. Additional Item on
replacement for fair wear and tear, but not before the expiry of 1
year.
(d) Logo
(e) Footwear
15.2 Visy Paper will nominate the maximum cost of each article of clothing,
which will be provided to the Employee. Any amount in excess of the
nominated price will be borne by the Employee.
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SIGNED by [Australian Workers Union]
in the presence of:
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[Name]
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Address:
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SIGNED for and on behalf ofVisy )
Paper Pty Ltd (ACN 005 803 234) )
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by an authorised representative in the )
) Position:
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Name (printed): ;111/M
Address:
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ATTACHMENT 2
REDUNDANCY AGREEMENT
"WITHOUT PREJUDICE"
1. PREAMBLE:
The following sets out the details of the redundancy provisions agreed between the Company and the
employees covered by this Agreement. This Agreement shall come into effect from this day and shall
remain in effect until replaced by any other agreement as may be reached between the Company and the
employees and shall replace any existing Redundancy Agreements.
2. PURPOSE OF AGREEMENT
The Parties recognise the serious consequences that loss of employment can have on an individual
employee. This Agreement attempts to minimise those consequences in the manner specified herein.
3. DEFINITION
"Employee" for the purpose of this Agreement means any full time employee of the Company or any
long-term casual employee who works regular hours each week and has been employed on that basis for
more than six months. This excludes seasonal fixed term contracts.
"Completed years of service" for the purposes of this Agreement means an unbroken period of
employment up to the point at which employment is terminated. Employment shall be deemed not to have
been broken where a contract of employment is terminated and recommenced within a period of two
months. Where an employee is granted special leave by the Company, such absence shall not be regarded
as a break in the contract of employment.
Actual time employed shall be used as the basis for calculating leave entitlements.
"Weeks' pay" for the purposes of this Agreement means an employee's ordinary rate of pay. Ordinary
rate does not include overtime, disability allowances, including shift, and other like payments which are
not included for the purposes of calculating overtime or annual leave.
"Company" for the purpose of this Agreement will mean those operating entities listed in Schedule A of
this Agreement.
The Company will nominate those employees to whom continuing employment cannot be offered. This
list will be compiled taking into account a wide number of factors, including the necessity to transfer those
employees whose skills are necessary for the ongoing operation of the Company; the last on first off rule
will be considered as one of and not the sole criteria.
5. NOTICE
Prior to redundancies taking effect, the Company will give the Unions and the affected employees four (4)
weeks notice. Where this is not appropriate, the employee will receive four (4) weeks pay in lieu of
notice. Where an employee is given notice in excess of four (4) weeks and is required to work out the full
period of notice, the employee will receive an additional four (4) weeks pay in lieu of notice.
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Where an employee is made redundant, the following severance payments will be made:
(i) A one off payment of $2,000 to an employee with more than 6 months continuous service.
(ii) Unless the particular Award provides a greater benefit, three weeks' ordinary pay for each
completed year of service up to 10 years service and thence three and one half (3.5) weeks'
ordinary pay for each subsequent year of service in excess of 10 years, and pro-rate payment
for each completed calendar month.
Employees will receive the relevant loading percentage on pro-rata annual leave.
All employees with more than five (5) years continuous service will receive pro-rata long
service leave where it is not already a statutory entitlement.
7. SUPERANNUATION
Superannuation benefits shall be paid in accordance with the Tmst Deed of the Fund.
8. STATEMENT OF ENTITLEMENT
The Company will provide full details of all calculations for each employee's entitlement at least seven
(7) days prior to tl1e date of termination, except in circumstance where an employee is paid in lieu of
notice. In these circumstances, a statement will be issued on t11e employee's last working day/shift.
9. RELOCATION
Where an employee is required to relocate his/her place of employment as a result of a plant relocation,
he or she shall be given four (4) weeks' notice of t11e requirement to transfer. During this period of
notice, discussions on the relocation will be convened and finalised between the Company and tl1e Union.
These discussions will include negotiations of a disability payment where the relocated employees are
disadvantaged through t11e extra distance travelled or extra time spent travelling.
These discussions will be by way of a hardship committee for four (two employer representatives and two
Union representatives). The c01mnittee will consider any genuine issues of hardship which pay preclude
an employee from relocating.
In the event tl1e committee cannot reach agreement, the parties agree to request the services of an
independent arbitrator or other suitable person. Normal work will continue whilst t11e matter is being
resolved.
An employee who applies for hardship subsequent to being relocated will not be considered if such
application is made more t11an three (3) months after transfer.
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I o Iruruimse the need for redundancies, the Company m all circumstances will attempt to provide an
alternative job.
Where such job carries a lower rate of pay than an employee's existing rate, then that existing rate will be
maintained until the new job rate surpasses the existing rate of the employee. Tllis maintenance of wage
rate does not apply to shift and other allowances.
(i) Each employee shall be given a certificate of service detailing employment with the
Company, including any skill advantages.
(ii) By arrangement with the Company, employees under advice of impending redundancy will
be allowed time off for employment interviews. Paid time off to a maximum of one (1) day
per week of notice will be allowed, subject to confirmation of interviews.
(iii) Where practicable, the Company ·will assist employees to secure alternative employment.
(iv) The Company will liaise with the Cmrunonwealth Employment Service Facilities to provide
support to employees facing redundancies and to call on that department's assistance for
processing of applications for Social Security benefits.
(v) It is recognised that employees may arrange alternative employment during this period of
redundancy notice. In these circumstances, the Company will waive the employee's
obligations to work out the remainder of the notice period with payment being made up to
the date ofternlination only.
(vi) The Company will provide a fee of up to $60.00 for an employee to seek professional
financial investment advice. Such fee will be paid direct to an adviser of the employee's
choice.
12. GENERAL
Redundancy and relocation provisions set out in tllis Agreement will not apply to the following:
(i) Employees who voluntarily terminate their employment for reasons other than redundancy
relocation.
(ii) A redundant employee who does not work out Ills notice under the terms of this Agreement
(unless an earlier termination date is mutually agreed upon).
(iii) Where an employee is dislnissed for serious or wilful Inisconduct.
(i) In the light of undertakings made by the Company in tllis Agreement, the Union and
employees will undertake not to impose any bans, lhnitations or restrictions on the
Company as a result of redundancies, retrenchments or relocations.
(ii) In the event of the parties not being able to reach Agreement on issues of interpretation or
any clauses of this Agreement, the parties agree to request the service of the Australian
Industrial Relations Comlnission. Nonnal work will continue while discussions are in
process.
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