ASTRAZENECA ENTERPRISE AWARD
2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers'
Union, New South Wales, industrial organisation of employees.
(No. IRC 3871 of 2000)
|
Before the Honourable Mr Justice
Maidment
|
18 August 2000
|
AWARD
1. Title
This enterprise award shall be known as the AstraZeneca
Enterprise Award 2000.
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Parties
Bound
4. Application
of Award
5. Duration
6. Definitions
7. Not to be
Used as a Precedent
8. No Extra
Claims
9. Conflict
Resolution & Avoidance of Industrial Disputes
9.1 Objective
9.2 Guidelines
10. Workplace
Skills Team
11. Skills‑based
Pay Schedule
11.1 Annualised
Salaries
11.2 Classification
Structure and Wage Rates
12. Conditions
of Work
12.1 Hours of
Work
12.1.1 Ordinary
Hours
12.1.2 Shift
Premiums
12.1.3 Overtime
12.1.4 Meal and
Rest Breaks
12.1.5 Break
Between Shifts
12.1.6 Shift
Patterns and Rosters
12.1.6.1 Standard
Nine Day Fortnight
12.1.6.2 12
Hour Shift Roster
12.1.6.3 5
x 8 Hour Shift Roster
12.1.6.4 4
x 10 Flour Shift
12.1.6.5 Time
in Lieu
12.1.6.6 Swapping
of Rosters/Shifts/Days of Work
12.2 Contract of
Employment
12.3 Payment of
Wages
12.4 General
Conditions
12.5 Termination
of Employment
12.6 Redundancy
13. Part‑time
Employees and Casual Employees
13.1 Part‑time
Employees
13.2 Casual and
Labour Hire Employees
14. The Union
14.1 Union
Membership
14.2 Union
Delegate
14.3 Trade Union
Training
15. Right of
Entry
16. Leave
Entitlements
16.1 Annual
Leave
16.2 Sick Leave
16.2.1 Conditions
of Sick Leave
16.2.2 Sick Leave
Entitlement
16.2.3 Carer's
Leave
16.3 Award
Holidays
16.4 Long
Service Leave
16.5 Bereavement
Leave
16.6 Parental
Leave
16.7 Blood Donor
Leave
16.8 Jury
Service
17. Emergency
Procedures Responsibility
3. Parties Bound
The parties to this award are:
AstraZeneca Pty Ltd ("AstraZeneca") in respect of
all of its manufacturing operations in New South Wales.
Those employees of AstraZeneca referred to in Clause 4
below.
The Australian Workers Union, New South Wales ("The
Union").
4. Application of
Award
This award rescinds and replaces the Astra Pharmaceuticals
Pty Ltd Enterprise Award 1998 published 3 September 1999 (310 I.G. 829), and
all variations thereof, and supersedes and replaces all other instruments which
would otherwise apply.
This award shall apply to all employees of AstraZeneca
trading as who are employed in classifications set out in this award (refer
Clause 6, Definitions).
5. Duration
This award shall take effect from the first full pay period
to commence on or after 18 August 2000 and shall conclude on 22 June 2003,
during which time it shall only be varied by the agreement of the parties with
the confirmation of the Industrial Relations Commission of New South Wales.
The parties agree that, 12 weeks prior to the expiry date of
the award, negotiations shall begin between the parties for the purpose of
making the new award.
The parties agree that, 12 weeks prior to the expiry date of
the award, negotiations shall begin between the parties for the purpose of
making the new award.
6. Definitions
All staff who are bound by the AstraZeneca Skills Based Pay
schedule are bound by this award.
7. Not to be Used as
a Precedent
This award shall not be used in any manner whatsoever to
obtain similar arrangements or benefits in any other plant or enterprise.
8. No Extra Claims
It is a term of this Award that the Union and the employees
covered by this Award undertake that, for its duration, no extra claims will be
pursued.
Further, this Award is a 'closed industrial instrument' in
that its terms (including wages) are not to be varied by any changes to wages
and conditions arising out of any National or State Wages Case decisions or
other award variations during; the life of this Award.
9. Conflict
Resolution & Avoidance of Industrial Disputes
9.1 Objective -
The object of the procedure for the resolution of conflict and the avoidance of
industrial disputes shall be to promote the resolution of disputes by measures
based on consultation, co-operation and discussion, and to avoid interruption
to the performance of work and the consequential loss of production rid wages.
This procedure shall be facilitated by the earliest possible
advice by one party to the other of any issue or problem, which may give rise
to a grievance or dispute. Sensible time periods will be allowed between each
step of this procedure to ensure proper consideration of issues.
9.2 Guidelines -
No industrial stoppage or industrial action will be initiated without fully
exhausting the dispute procedure set out in these guidelines. Work is to
continue normally, reflecting the status quo immediately before the emergence
of the dispute, save for any genuine safety concerns.
All parties agree that the following guidelines will be
observed:
(1) In the event
that a team member(s) has a grievance then it is agreed that the team member(s)
should attempt to resolve the grievance with their process team via the
existing ground rules and procedures.
(2) If the issue
has not been resolved, the matter will be referred to the area manager. The
team member(s) may request that a team member representative or union
representative be present at these meeting(s).
(3) In the case of
a dispute in regard to Skill Levels, Training or Teams, the matter shall be
referred to the Workplace Skills Team. A union delegate may be requested to
attend Workplace Skills Team Disputes meetings.
(4) If the dispute
has not then been resolved, the team member representative or union
representative may request assistance from the Union. The matter shall then be
discussed between a Management representative of AstraZeneca and an appropriate
officer of the Union.
(5) In the event
that the issue is still unresolved, either party may seek the immediate
assistance of the New South Wales Industrial Relations Commission.
10. Workplace Skills
Team
The Workplace Skills Team (WST) will have, as its primary
role, the keeping of uniform and consistent standards across all Manufacturing
areas, including the support areas. The WST includes a wide representation of
the workplace, with elected representation of all processes and support teams.
It also includes a senior management representative and union representation.
The WST serves as a forum for all workplace issues,
including Award/Agreement negotiations, safety, working conditions and
communication. The WST will process all issues, either by working for
resolution, or informing the relevant, responsible parties.
11. Skills-Based Pay
Schedule
Remuneration is based on the Skills-based Pay schedule. Team
members will therefore be compensated for acquisition and us of skills rather
than the amount of time spent on a job or in a position.
11.1 Annualised
Salaries -
11.1.1 By agreement in writing
between an employee and the Company, an annualised salary system of payment may
be introduced.
Provided that, the aggregation of the entitlements in
this Award into an annualised salary will remunerate an employee for no less
than what would have been received if payment was not annualised, over the
agreed notional period of (12) months.
11.1.2 The agreement
referred to at 11.1.1 must specify those clauses of this Award that have been
included in the annualised salary an are not to be paid on an incidence basis.
11.2 Classification
Structure and Wage Rates - Pay rates are shown in a confidential attachment
(Confidential Attachment A) which is part of the Commission's file in the
matter IRC 3871/2000.
Base pay rates prescribed in the confidential attachment
include the increases cited for June 2000. Future increases for all groups are
also listed in the confidential attachment.
12. Conditions of
Work
12.1 Hours of Work
-
12.1.1 Ordinary Hours -
The ordinary hours of work are listed in the various roster patterns described
below.
AstraZeneca shall determine, in consultation with the
team members involved, a roster appropriate to the needs of each team at
AstraZeneca. The roster detailing the shift commencement and completion times
will be published and provided to each team member not less than 30 days prior
to the commencement of work on such a roster.
In the case of individual team members who are needed
to change shifts, AstraZeneca will provide a new roster not less than ten (10)
working days prior to the commencement of work unless mutually agreed.
12.1.2 Shift Premiums -
A night shift (where 50% or more of the ordinary hours of work are performed
between 10pm and 6 am) shall attract a shift penalty of $3.21 per hour.
An afternoon shift (where 50% or more of the ordinary
hours of work are performed between 4 pm and midnight) will attract a shift
penalty of $2.14 per hour.
The shift rates will increase as per the chart
referenced in Confidential Attachment A starting in 2001.
12.1.3 Overtime - It is
intended that no more than 5) attended hours will be worked per week averaged
over the individual's roster pattern. Where needed on an extraordinary basis,
more hours may be worked by mutual agreement. Overtime is to be paid for excess
hours worked outside the ordinary hours worked as specified by a team member's
shift pattern. If team members swap days by mutual agreement, hours outside
their original roster will not be paid at overtime rates. Overtime is to be
paid as follows: * First two hours of overtime at time‑and‑a‑half
of normal rate, unless this time is to be taken as time in lieu (refer sub‑clause
12.1.6.5). * Followed by double‑time for the remainder of overtime
worked. * All hours on Sunday outside ordinary hours will be paid at double‑time.
12.1.4 Meal and Rest
Breaks - Meal and Rest breaks will be managed by the team and will be taken at
a time and in a manner which allows for continuous production to be maintained.
Transit time is allowed, dependent on the location of workplace in relation to
canteen facilities. This is to be managed by the team and agreed to by the area
manager.
Paid meal and rest breaks totalling 90 minutes (includes
change times) will be included in a 12 hour shift where production continues
for the entire shift.
Paid meal and rest breaks totalling 60 minutes (includes
change times) will be included in shifts less than 12 hours where production
continues for the. entire shift.
Meals will be supplied by the team member (meal money will
not be paid).
A reasonable break will be allowed when overtime is worked.
To be managed by the team and agreed by the Area Manager,
Intent is that time specified as break time is taken from
the time of entry into the change room (on the factory garment side of the
change room). To be managed by the team.
12.1.5 Break Between
Shifts - In the interests of health and safety, wherever reasonably practicable
it will be arranged that employees will have at least ten (10) consecutive
hours off between their rostered shifts. The exceptions will be for training
and/or team meetings. Meetings for multiple shifts will be held where ever
possible on the morning on the first day after a weekend and/or by mutual
agreement.
12.1.6 Shift Patterns
and Rosters - Shift patterns and rosters may vary to meet production demands.
The following identifies the different shift patterns and the pay rates that
apply when the shifts are worked. Any shift pattern outside of those listed
will be paid at loadings specified in the clauses of this award.
Where a shift roster needs to change to meet a business
need, it is intended that no undue hardship be created for team members. Where
this is the case, AstraZeneca will endeavour to relocate the team member to an
existing suitable roster (this may involve a change of work area within the
division).
If an impasse occurs between AstraZeneca and the team
member, the disputes procedure will be followed as per Clause 9 ‑
Conflict Resolution & Avoidance of Industrial Disputes
NOTE: In the event that a team member must move to a new
area, the team member will retain their current Skills-based Pay level until
trained to the equivalent skill level for the new area.
12.1.6.1 Standard
Nine Day Fortnight - On average over the roster cycle, 38 ordinary hours per
week will be worked. A rostered day off is included on Monday or Friday, or any
other day by mutual agreement. All hours worked will be paid at the ordinary
rate. The pay will be annualised to allow the same amount to be paid each week.
In a typical nine day roster, the team member will work
eight 8.5 hour shifts and one 8 hour shift. The pay rate for this roster is
referenced in Skills‑based Pay Schedule.
12.1.6.2 12
Hour Shift Roster - Crews will be rostered to work 12 hour shifts for an
average of 36 hours per week over the roster cycle. These rosters will work an
average of 3 days/week between Monday and Saturday (Saturday night shift will
finish Sunday morning). The pay rate for this roster is referenced in Skills‑based
Pay Schedule. The roster will be set up to ensure that Saturday work will be
shared evenly between crews. Wages are annualised to enable team members to be
paid the same amount each week or month.
The team may vary this with the agreement of all team
members and support services, and the consent of management. The intent of this
clause is to allow teams rostered on a Saturday night to change their roster to
Sunday night and to incur no extra costs to the company.
12.1.6.3 5 x 8
Hour Shift Roster - 38 hours per week (averaged over 4 weeks) will be worked
over 5 days (Monday to Friday), each day working no more than 8 hours. One RDO
per four weeks will be arranged via agreement between team members and
management. The pay rate for this roster is referenced in Skills-based Pay
Schedule.
All team members currently working in the Manufacturing
Division (as at date of submission of this award to the NSW Industrial
Relations Commission) will only work this roster on mutual agreement. All team
members who were employed by the Manufacturing Division after 22 June 1998 will
be expected to work this shift as business needs require.
12.1.6.4 4 x
10 Hour Shift - A 4 x 10 hour shift roster pattern may be implemented, if
required, to meet business needs, or if it is requested by the team member (to
be agreed after consultation with their Area Manager). The pay rate for this
roster is referenced in Skills-based Pay Schedule.
When the roster is team member-driven and not seen as
providing additional benefit to the company then each hour worked will be paid
at the Nine Day Fortnight rate referenced in Skills-based Pay Schedule.
12.1.6.5 Time
in Lieu - Team members who work more hours in a particular week than required
for the shift pattern in which they are rostered to work may be entitled to
take, as time off in lieu, an equivalent number of hours to the number of hours
worked in excess of those required for their shift pattern.
Time in Lieu is mutually agreed with team members and
management, but is not to exceed four hours and must be taken within two (2)
weeks.
The date and time off-site and related date and time on site
must be documented by the team member (and available for Area Manager). No
overtime claims will be accepted when time in lieu is agreed.
12.1.6.6 Swapping
of Rosters/Shifts/Days of Work - It is the intent that AstraZeneca will allow
the swapping of whole shifts and rostered days off by agreement between two
team members and will be at no penalty to AstraZeneca. Written notification
must be made in advance to AstraZeneca of this occurring. This agreement shall
cease to apply if either team member withdraws his/her consent, or leaves the
company.
With team member and management agreement, a non‑permanent
agreement can be made to include Saturday or Sunday work. This option is only
implemented with team member agreement. The intent is to limit the number of
hours worked per week in accordance with 12.1.3 (50 attended hours), therefore
if a Saturday or Sunday is worked it will be instead of a week day.
In the non-permanent agreement case above where a Saturday
or Sunday is worked, all hours shall be paid at the appropriate penalty rate
(for the given roster) and all ordinary hours worked between Monday and Friday
will be paid at the normal roster rate.
12.2 Contract of
Employment -
12.2.1 AstraZeneca may
direct a team member to carry out such duties as are within the limits of the
team member's skill, competence and training consistent with the structure of
this award provided that such duties are not designed to promote de-skilling.
12.2.2 AstraZeneca may
direct a team member to carry out such duties and use such tools and equipment
as may be required provided that the team member has been properly trained in
the use of such tools and equipment.
12.2.3 Any direction
issued by AstraZeneca pursuant to sub-clause 12.2.1 and 12.2.2 shall be
consistent with AstraZeneca's responsibilities to provide a safe and healthy
working environment.
12.3 Payment of
Wages - All wages and allowances (where applicable) will be paid weekly,
fortnightly or monthly, determinate on business requirements by electronic
funds transfer.
12.4 General
Conditions -
12.4.1 AstraZeneca
shall supply company garments which shall be worn by team members. They shall
be maintained and laundered at AstraZeneca's expense.
12.4.2 Where the nature
of the work performed by employees necessitates suitable industrial clothing
and/or aprons, rubber boots, work boots, work shoes, gloves, safety glasses,
all necessary safety equipment, etc., this shall be supplied and paid for by
AstraZeneca and shall remain the property of AstraZeneca.
12.4.3 Team members
shall not be required to clean lunch rooms, dressing rooms, and/or lavatories,
nor engage in any other cleaning work outside of their normal work area
(cleaning and housekeeping duties related to the process / support team area
are to be performed by team members). Team members are expected to clean up
after themselves when using AstraZeneca facilities. This includes canteens,
change-rooms, toilets etc.
12.4.4 A team member
shall not be required to perform work of an unusually dirty, dusty and/or
offensive nature, nor to work in temperatures of abnormal heat or cold.
12.4.5 When a team
member is required to stand on concrete, brick or stone floors AstraZeneca
shall provide a suitable mat or floor coverings as meeting GMP requirements and
agreed upon between AstraZeneca and the union.
12.4.6.1 Team
members, who, as part of their agreed training (study that is directly related
to business need and linked to team member level in the skills matrix) attend
technical college classes in approved subjects, shall tie allowed to apply for
study leave. The skills learned must contribute directly to the current
processes and a cap of 76 hours study leave per annum shall exist (including
leave for exams), see study leave policy.
12.4.6.2 Where
team members work a loaded shift (i.e. 3 x 12 hour and 4 x 10 hour), the roster
should be arranged so that the time for external classes, where practical, is
taken on the rostered time off to minimise the time away from the workplace.
These shifts are loaded to meet compelling business reasons and to address the
needs of the business, therefore it is necessary to reduce the time away from
the workplace for study. The work schedule is to be discussed with the area manager
prior to commencement of the study in accordance with the above.
12.4.7 Well-ventilated
rest rooms with suitable equipment shall be provided by AstraZeneca for the use
of employees.
12.4.8 A
separate dining room, sufficient to accommodate the team members, shall be
provided on site by AstraZeneca. Such dining room shall contain sufficient
table and seating accommodation. Hot water shall be provided, without cost, for
the employees and reasonable provision shall be made for the care of team
members' luncheons.
12.4.9 NOTE:
As to welfare facilities for employees, see the current legislation.
12.4.10 NOTE:
As to first-aid arrangements, refer to current Occupational Health and Safety
legislation.
12.4.11 Compensation
to the extent of the damage sustained shall be made where, in the course of
work, clothing and/or optical glasses are damaged or destroyed by, or through
the use of, corrosive, explosive, inflammable or poisonous substances.
12.4.12.1 Where
a team member is required to work at a place other than his or her usual place
of work, he/she shall be paid all fares reasonably incurred in excess of those
he/she would normally incur attending his or her usual place of work and
returning home and shall be paid for half of all travelling time in excess of
that taken to reach his or her usual place of work and return home.
12.4.12.2 The
foregoing sub-clause shall apply only to a team member temporarily transferred
from his or her usual place of work. A temporary transfer shall mean periods of
employment at places other than the usual place of work up to a maximum of
three consecutive weeks.
12.4.12.3 A team
member transferred from working place to working place during ordinary hours
shall be paid for the time spent in travelling as for time worked and shall
receive reimbursement of fares incurred in such transfer.
12.4.12.4 Where
the transfer involves a team member being absent from his or her normal place
of abode he or she shall be reimbursed for reasonable expenses incurred for
accommodation together with first‑class rail fares to and from the place
of transfer.
12.4.12.5 Travelling time shall be paid for at
ordinary rates of pay. Team members travelling overseas or interstate on
company business will be paid for a normal work week and will not be paid for
travel time.
12.4.13 AstraZeneca
shall permit a notice which has been duly authorised by the Union to be posted
on the notice board.
12.5 Termination of
Employment -
12.5.1 In respect of
full time and part time employment, a team member or AstraZeneca may terminate
the contract of employment with one week's notice, or, by the payment or
forfeiture of such notice at the ordinary weekly rate. Up to the first three
(3) months of full-time or part-time employment, the contract of employment
shall be of a probationary nature.
12.5.2 The provisions
of this clause will not affect the right of AstraZeneca to dismiss any team
member without notice for serious and wilful misconduct or other lawful cause
of summary dismissal justified at common law.
12.5.3 In the event of
a stoppage of work through any cause outside AstraZeneca's control, the
contract of employment may be continued, in which case AstraZeneca's liability
for payment shall be suspended for the duration of the stoppage of work,
provided that 2 working days' notice shall be given to the employees prior to
such suspension.
12.5.4 A team member
whose employment is terminated by AstraZeneca on the working day immediately
preceding a holiday(s), other than for misconduct, shall be paid for such holiday(s).
12.5.5 Any team member
with more than three (3) months' service on leaving or being discharged shall,
if he or she is so requests, be given a certificate of service by AstraZeneca.
A copy of an individual team member's training completions will be supplied
upon request. Such certificate shall be the property of the team member.
12.5.6 Upon termination
of employment for any reason, a team member must return immediately all
property belonging to AstraZeneca and complete the formalities required by AstraZeneca. Any outstanding equipment, costs) or monies
owed by a team member to AstraZeneca shall be deducted from the final payment
of monies made to the team member by AstraZeneca.
12.6 Redundancy -
12.6.1 In respect of
full-time and part-time employment, a team member whose services are no longer
required due to redundancy or retrenchment shall be entitled to eight (8)
ordinary weeks' period of notice or payment in lieu of notice, and four (4)
ordinary weeks' severance pay for each year of service, pro-rated on a
quarterly basis.
12.6.2 A team member
who is to be made redundant and elects to leave AstraZeneca during the stated
notice period will forfeit the balance of the notice period and will forfeit
the entitlement to severance pay.
12.6.3 To facilitate
the retention of employees, in instances where both the Company and employee
agree that the alternative position offered by the Company is not a comparable
position, the Company at its discretion may offer a reasonable period for both
the Company and employee to assess the suitability of a position without loss
of entitlement to a redundancy package.
12.6.4 If AstraZeneca
locates suitable employment for a team member who is otherwise to be made
redundant, AstraZeneca shall not be obliged to pay severance pay.
13. Part-Time
Employees and Casual Employees
13.1 Part‑time
Employees -
13.1.1 Part-time
employees may be employed. Part-time and Job Share Variation team members
employed by AstraZeneca are all considered Permanent Part-time employees.
13.1.2 The ordinary
hours of work, exclusive of meal times, shall be the same as those prescribed
for weekly employees but shall not, in any case, be less than sixteen hours per
week.
13.1.3 Part-time and
Job Share employees shall be paid at the Nine Day Fortnight rate of pay in
accordance with sub-clause 11.2 ‑ Classification Structure and Wage
Rates.
13.1.4 All other
provisions of this award with respect to annual leave, sick leave and holidays
shall apply to part-time employees on a pro rata basis.
13.1.5 AstraZeneca
shall not employ more than 25% of its employees as part-timers.
13.1.6 Notwithstanding
the provisions of paragraphs 13.1.1 to 13.1.5 of this sub-clause, the Union and
AstraZeneca may agree, in writing, to observe other conditions in order to meet
special cases.
13.2 Casual and Labour Hire Employees -
13.2.1 Casual and
Labour Hire employees, including all non-permanent Part-time Variations, shall
be paid at a Nine-Day fortnight entry level rate of pay (L1) in accordance with
sub-clause 11.2 ‑ Classification Structure and Wage Rates, plus 17 1/2%
with a minimum payment on any one day of four hours.
13.2.2 AstraZeneca
shall not employ more than 25% of their employees as casuals and/or labour
hire.
13.2.3 Notwithstanding
the provisions of paragraph 13.2.A and 13.2.2 of this sub-clause, the Union and
AstraZeneca may agree in writing to observe other conditions in order to meet
special cases.
14. The Union
14.1 Union
Membership - Subject to the provisions of section 211 of the Industrial Relations
Act 1996, team members may elect to join the AWU, New South Wales.
14.2 Union Delegate - An accredited delegate (maximum of
four delegates, one each for Day Shift, Afternoon Shift, Night Shift and the
Tablet Plant) shal1 be allowed reasonable time during work time to interview
the employer on matters relating to the workplace provided that, where these
relate to disputes, the disputes procedure defined in Clause 9 ‑ Conflict
Resolution & Avoidance of Industrial Disputes has been followed. A maximum of two delegates shall be
permitted to attend commission hearings without loss of pay, provided the
dispute procedure is being followed.
14.3 Trade Union
Training - Authorised delegates of any of the unions party to this award who
are nominated by the secretary of their union to attend a training course or
programme conducted under the auspices of the authority established under the Trade
Union Training Authority Act, 1975, or sponsored by the Australian Council
of Trade Unions, the State Branch of the Australian Council of Trade Unions, or
by a union party to this award, shall be granted leave of absence while
attending such course or courses, provided that:
(1) at least two
weeks prior to attendance at the course or courses, the employer receives
written notice of the nomination from the union secretary setting out the
times, dates, content and venue of the course.
(2) nominations
shall not involve absences from work of more than two delegates from each union
per establishment (for a maximum of three days for each nominee) in each
calendar year and, for the purpose of this sub-clause, a calendar year shall
mean the period from 1 January to 31 December inclusive;
(3) leave of
absence granted shall be counted as time worked for the purposes of annual
leave, sick leave and long service leave. Delegates attending shall receive
their normal rate of pay whilst on such leave, including shift allowances, but
other allowances, penalty rates or any other daily or hourly payments
prescribed by this award shall not be payable.
15. Right of Entry
See Part 7 of Chapter 5 of the NSW Industrial Relations
Act 1996.
16. Leave Entitlements
16.1 Annual Leave
- A team member will be entitled to the working hours equivalent of four weeks'
normal work hours as annual leave after the completion of 12 months'
employment.
Annual leave may be taken in any manner agreed between
AstraZeneca and the team member, however a minimum of two weeks' leave must be
retained for scheduled shutdown periods. The schedule for the shutdown will be
published by 30 September and in the case that the shutdown needs to extend for
more than two weeks team members will be able to do one of the following:
Move RDOs from the normal work year to shutdown with
agreement of management.
Retain additional annual leave with agreement of
management.
Every effort will be made to limit Christmas shutdown equal
to two weeks annual leave (there have been occasions when an extra day or two
has been needed). If the business needs require that more than two weeks' annual
leave are required it will be no longer than two extra leave days, team members
may request time without pay up to a maximum of two days (the intent of this
practice is to ensure that team members are able to use at least two weeks of
their holidays at other times during the rest of the work year). This is the
only case when time without pay will be considered without personal application
to the Director of Manufacturing.
A 20% leave loading will be paid at the time of the taking
annual leave.
16.2 Sick Leave -
16.2.1 Conditions of
Sick Leave - A team member who is unable to attend for work as a result of
personal illness or incapacity shall be entitled to leave of absence without
deduction from pay subject to the following conditions:
(1) the team
member shall (as far as is practicable) advise the company prior to the
commencement of such absence of their inability to attend for duty, the nature
of the illness or incapacity and the estimated duration of the absence;
(2) the team
member shall not be entitled to paid leave of absence for any period in respect
of which the team member is entitled to workers' compensation;
(3) the team
member shall prove :o the satisfaction of the company that he or she was unable
on account of such illness or incapacity to attend for duty on the day or days
for which sick leave is claimed. Where a team member is absent for two or more
successive workdays, or is absent on a day adjacent to a public holiday or
annual leave, the team member shall produce a medical certificate from a
registered medical practitioner prior to returning to work;
(4) when a team
member has exhausted their sick leave entitlement, a medical certificate from a
registered medical practitioner must be produced for each extra day of sick
leave taken;
(5) an area
manager may request a medical certificate from a registered medical
practitioner when a team member, without reasonable cause, absents themselves
without leave on the working day immediately preceding, or the working day
immediately following an rostered day off.
16.2.2 Sick Leave
Entitlement - Each full-time team member shall be entitled to 76 hours sick
leave in respect of each completed year of service or pro rata. Sick leave
shall accumulate if not utilised.
16.2.3 Carer's Leave -
Employees are entitled to take up to 5 days of their accrued sick leave
entitlement in any one year to care for their immediate family members who are
ill. Carer's leave does not accrue from year to year.
An immediate family member is defined as a wife (including
de facto), husband (including de facto), child, step-child, father, mother,
father-in-law, mother-in-law, brother, sister or grandparent. You are required
to produce a Doctor's certificate for any absence due to illness of your
immediate family.
16.3 Award
Holidays -
16.3.1 Award
holidays (Public holidays plus Picnic Day) are not worked except on a voluntary
basis. If an award holiday or Easter
Saturday is worked, team members will be paid at two and a half times the
normal rate.
16.3.2 The
following days or the day upon which they are observed shall be holidays: New
Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour Day, Christmas Day, Boxing Day and all other days
proclaimed as public holidays for the State and local gazetted public holidays
in the districts to which they apply.
16.3.3 In
addition to the holidays specified in sub-clause 16.3.2 there shall be a picnic
day agreed to by the Union and AstraZeneca designated as a holiday to be
observed on the first working day following Easter Monday each year.
16.3.4 All
award holidays (public holidays plus picnic day) failing on a team member's
rostered day on shall be counted as time worked rid paid for as such.
16.3.5 A
team member who, without reasonable cause, absents themselves without leave on
the working day immediately preceding, or the working day immediately following
an award holiday, shall not be entitled to payment for such holiday.
16.3.6 Award
holiday payments will be paid at the next pay period after the award holiday.
16.3.7 Work
on an award holiday is voluntary. In the event that the team consents to work
on an award holiday in lieu of another day, the team members will be paid at
normal rates. There must be an agreement between support services and the area
manager.
16.3.8 Rostered
days off may be moved to coincide with award holidays if meeting business needs
to allow a "long weekend".
16.3.9 The
previous practice of "12 Hour Shift team members that are rostered off
during an award holiday receiving 12 hours pay loaded at the appropriate
shift/roster loading" will be discontinued and the rates of pay for the 12
Hour Shift has been adjusted to compensate of this change (for pay rates, see
Part , Confidential Attachment).
16.3.10 When
an award holiday fails on a rostered day off, for all shifts except for the 12
Hour Shift and the 4 x 10 roster, the team member will get the next adjacent
work day off.
16.3.11 The
public holiday shift is defined as that shift starting on the day of the Public
Holiday.
If the Public Holiday fails on a Monday then normal work
will commence on the day shift of the Tuesday.
If the Public Holiday fails on a Friday then the Day and
Afternoon shifts will not work on the Friday. The night shift will work as normal
on the Thursday night into the morning of Friday. They will not work the shift
which would have started on the Friday evening into Saturday morning.
Where the night shift elect to start the work week on the
Sunday night rather than a Monday night and a public holiday fails on the
Monday then the shift that starts on the Sunday working into the Monday will be
taken as the public holiday and not as previously mentioned.
16.4 Long Service
Leave - See current Long Service Act 1955.
16.5 Bereavement
Leave - In the unfortunate circumstance of the death of a family member, an
employee is entitled to a maximum of three days' leave. A family member is
defined as a wife (including de facto), husband (including de facto), child,
step-child, father, mother, father-in-law, mother-in-law, brother, sister or
grandparent. Proof of such death may be required to be furnished by the
employee to their manager.
16.6 Parental
Leave - Parental leave is a general term encompassing maternity, paternity and
adoption leave.
Parental Leave is unpaid leave which a team member is
entitled to take before, during and after the birth or adoption of their baby.
All eligible employees can take up to 52 weeks leave, however parental leave
taken by a team member and their spouse can not overlap except for one week at
the time of the birth.
Annual or long service leave can be taken in addition or in
substitution of parental leave provided the total period of leave does not
exceed 52 weeks.
To be eligible, a team member must have been employed for a
continuous period of 12 months at the time of taking the leave. All
entitlements are suspended while on parental leave.
16.7 Blood Donor
Leave - Where blood donation facilities are made available at an employer's
establishment covered by this award, or at some other nearby place, an employee
who donates blood at such facility during his ordinary working ) hours shall be
entitled to one hour's paid leave on each occasion for that purpose provided
that before making payment for such leave the employer may require satisfactory
proof of :he employee's blood donation. Production of the relevant Blood Bank
card or certificate properly completed shall constitute such satisfactory
proof.
16.8 Jury Service
- An employee shall be allowed leave of absence during any period when required
to attend for jury service.
During such leave of absence an employee shall be paid the
difference between the jury service fees received and the employee s award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirement to attend and
attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
This clause does not apply to staff employed as casuals.
17. Emergency Procedures
Responsibility
All AstraZeneca manufacturing Division personnel are
responsible for ensuring the safety and well-being of themselves and their team
mates. This is accomplished through keeping areas neat and tidy, knowing
correct emergency procedures and having appropriate skills to carry out needed
activities.
Each employee may take part in ensuring the safety of the
work place by performing one of the roles listed below:
Housekeeping Co-ordinator
SHE Co-ordinator
Emergency Procedures Ward
First-aider
Fire assessment through first attack firefighting training.
All First Aiders who become First Aiders after 16 June 1998 will not be paid an
allowance.
18.2 AstraZeneca and AWU Officials
This award, the AstraZeneca Pharmaceuticals Pty Ltd
Enterprise Award, 2000 ‑ 2003, is confirmed as accepted by AstraZeneca
Pharmaceuticals Pty Ltd and The Australian Workers’ Union, New South Wales.
G. I.
MAIDMENT J.
____________________
Printed by the authority of the Industrial Registrar.