Arrangement by benbenzhou

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									   TURI FOODS PTY LTD

            &

NATIONAL UNION OF WORKERS



 ENTERPRISE AGREEMENT

          2009
              TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                        ENTERPRISE AGREEMENT 2009



Arrangement                                                    Clause
                                                               Number
PART 1 Application and Operation of Agreement


Title                                                           1.1
Arrangement                                                     1.2
Date and Period of Operation                                    1.3
Incidence                                                       1.4
Parties Covered or Bound                                        1.5
Relationship to Parent Award                                    1.6
Savings Provisions                                              1.7
No Further Claims                                               1.8
Anti Discrimination                                             1.9


PART 2 Communication, Consultation and Dispute Resolution

Introduction of Change                                          2.2
Dispute Resolution Procedure                                    2.3


PART 3 Employment Relationship and Related Arrangements


Full Time Employees                                              3.1
Part Time Employees                                              3.2
Probation / Qualifying Period                                    3.3
Casual Employees                                                 3.4
Redundancy                                                       3.5
Termination of Employment. Full Time and Part Time Employees     3.6
Return of Company Equipment                                      3.7
Suspension of Employees Without Pay                              3.8
Instant Dismissal                                                3.9
Stand Down                                                      3.10
Abandonment of Employment                                       3.11
Quality Assurance                                               3.12


PART 4 Wages Definitions and Related Matters

Wages                                                           4.1
Definitions                                                     4.2


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                      ENTERPRISE AGREEMENT 2009


Primary Function                                             4.3
Payment of Wages                                             4.4
Leading Hand Employees                                       4.5
Meal Allowance                                               4.6
First Aid Allowance                                          4.7
Superannuation                                               4.8



PART 5 Hours of Work, Breaks and Overtime

Hours of Work                                                5.1
Day Workers                                                  5.2
Rest Periods                                                 5.3
Meal Interval                                                5.4
Shift Work                                                   5.5
Rosters                                                      5.6
Overtime                                                     5.7
Sunday Work                                                  5.8



PART 6 Leave and Public Holidays

Annual Leave                                                 6.1
Personal Leave (Sick & Carers Leave)                         6.2
Unpaid Carer‟s Leave                                         6.3
Compassionate and / or Bereavement Leave                     6.4
Parental Leave                                               6.5
Long Service Leave                                           6.6
Service                                                      6.7
Jury Service                                                 6.8
Public Holidays                                              6.9

PART 7 Miscellaneous

Communications With Employees                                7.1
Copies of this Agreement                                     7.2
Training                                                     7.3
Accident Make Up Pay                                         7.4
Work Clothing and Protective Equipment                       7.5
Flexibility                                                  7.6
Trade Union Training                                         7.7
Delegates Business                                           7.8
Union Meetings                                               7.9


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            TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                      ENTERPRISE AGREEMENT 2009



PART 8 Wages Schedule

Wages Schedule                                               8.1


PART 9 Signatories to the Agreement

Signatories to the Agreement                                 9.1




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             TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                       ENTERPRISE AGREEMENT 2009


PART 1 - APPLICATION & OPERATION OF AGREEMENT

1.1 Title

This Agreement shall be known as the LA IONICA POULTRY AND NATIONAL
UNION OF WORKERS COLLECTIVE PROCESSING AGREEMENT 2009.

1.2 Arrangement

This Agreement shall be arranged as follows:

1.3 Date and Period of Operation

This Agreement shall come into operation from November 2nd 2009 and shall remain in
force until 30th June 2012.

1.4 Incidence

This Agreement shall apply to all current and future employees performing work at the
Company's Processing and Distribution plant at Thomastown, in the State of Victoria in
respect of the processing and distribution of poultry.

1.5 The Parties Bound or Covered
This Agreement shall bind or cover the following parties:
    Turi Foods Pty Ltd (“the Company”) trading as La Ionica Poultry
    All employees of the Company, whether members of the union or not, engaged in
      any of the occupations and callings specified in the classification structure at
      clause 4.2.and employed at the Thomastown Plants
    The National Union of Workers (“the Union”),833 Bourke Street, Docklands,
      Victoria, 3008

1.6 Relationship to Parent Award

This Agreement shall apply to the exclusion of any other Award or Agreement

1.7 Savings Provision

No employee will as a result of the making of this Agreement suffer any loss of existing
wages or other benefits to which the employee is entitled prior to the date of the coming
into operation of this Agreement.

1.8 No Further Claims

It is a term of this Agreement that the employer and the employees undertake that no



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further claims will be made for the term of this Agreement.

1.9 Anti Discrimination

It is the intention of the respondents to this Agreement to achieve the principal
objectives in Federal & State legislation relating to discrimination through respecting and
valuing the diversity of the workforce by helping to prevent and eliminate discrimination
on the basis of race, colour, sex, sexual preference, age physical or mental disability,
marital status, family responsibilities, pregnancy, religion, political opinion, national
extraction or social origin.


PART 2 - COMMUNICATION, CONSULTATION & DISPUTE RESOLUTION

 2.1 Introduction of Change

   2.1.1 This term applies if the Employer has made a definite decision to introduce a
         major change to production, program, organisation, structure, or technology in
         relation to its enterprise; and the change is likely to have a significant effect on
         employees of the Employer.

   2.1.2 The employer must notify the relevant employees of the decision to introduce
         the major change. The relevant employees may appoint a representative,
         which may be a union representative for the purposes of the procedures in this
         term. If a relevant employee appoints, or relevant employees appoint, a
         representative for the purposes of consultation; and the employee or
         employees advise the employer of the identity of the representative; the
         employer must recognise the representative.

   2.1.3 As soon as practicable after making its decision, the employer must discuss
         with the relevant employees:

             (a)    the introduction of the change; and

             (b)    the effect the change is likely to have on the employees; and

             (c)    measures the employer is taking to avert or mitigate the adverse
                    effect of the change on the employees; and

   2.1.4 For the purposes of the discussion — provide, in writing, to the relevant
         employees all relevant information about the change including the nature of
         the change proposed; and information about the expected effects of the
         change on the employees; and any other matters likely to affect the
         employees.



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   2.1.5 However, the employer is not required to disclose confidential or commercially
         sensitive information to the relevant employees.

   2.1.6 The employer must give prompt and genuine consideration to matters raised
         about the major change by the relevant employees.

   2.1.7 If a term in the enterprise agreement provides for a major change to
         production, program, organisation, structure or technology in relation to the
         enterprise of the employer, the requirements set out in subclauses (ii) and (iii)
         are taken not to apply.

   2.1.8 In this term, a major change is likely to have a significant effect on employees
         if it results in the termination of the employment of employees; or major
         change to the composition, operation or size of the employer‟s workforce or to
         the skills required of employees; or the elimination or diminution of job
         opportunities (including opportunities for promotion or tenure); or the alteration
         of hours of work; or the need to retrain employees; or the need to relocate
         employees to another workplace; or the restructuring of jobs.

   2.1.9 In this term, relevant employees mean the employees who may be affected by
         the major change.

2.3 Dispute Resolution Procedure

In the event of a dispute in relation to a matter arising under this agreement in relation to
the wages and conditions of employment, or the NES or in relation to any matter relating
to the National Employment Standards (NES), the following steps will be taken:

1. In the first instance the parties will attempt to resolve the matter expeditiously at the
   workplace by discussions between the employee or employees concerned and the
   relevant supervisor and, if such discussions do not resolve the dispute, by
   discussions between the employee or employees concerned and more senior levels
   of management as appropriate. Either party to the dispute may appoint another
   person to accompany or represent them in relation to the dispute.

2. If the matter cannot be resolved at the workplace level either party will have the right
   to chose to refer the matter to Fair Work Australia (FWA) for resolution by conciliation
   and, where the matter in dispute remains unresolved, arbitration. If arbitration is
   necessary FWA may exercise the procedural powers in relation to hearings,
   witnesses, evidence and submissions which are necessary to make the arbitration
   effective.

3. The decision of FWA will bind the parties, subject to either party exercising a right of
   appeal against the decision to a Full Bench.



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             TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                       ENTERPRISE AGREEMENT 2009



PART 3 - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

3.1 Full-Time Employees

A full-time employee is one who is employed for 38 hours per week, in accordance with
the provisions of the Agreement.


3.1.1 Induction of new employees

By way of responsible officers, the company undertakes that all new employees, directly
employed or otherwise are taken through an induction training course, and by way of the
induction booklet the company will inform all new employees of the union presence on
site and who the relevant elected office bearers are. The Company will provide to new
employees as part of their induction such information about the NUW as provided by the
NUW from time to time. The company also agrees to inform the on site elected officers
of the names and commencement dates of all new employees, directly employed or
otherwise.



3.2 Part-Time Employees

3.2.1 A regular part-time employee is an employee on a weekly contract of service who
is required to work less than 152 ordinary hours over a four week period, provided that
the minimum payment shall be four hours per day the worker is required to work.


3.2.2 A part-time employee shall be paid a minimum hourly rate of 1/38 of the
appropriate weekly wage.

3.2.3 A part-time employee shall be entitled to pro-rata personal leave, annual leave and
compassionate leave, as set out in Part 6 of this clause.

3.2.4 The ordinary hours of work, once agreed, shall not be changed without there
being given a minimum 48 hours notice of such change, or a shorter period of time if the
company and a majority of employees agree

3.2.5 Where due to changes in production requirements insufficient work is available to
a part-time employee, such employee after 48 hours notice may be stood down without
pay for a period not exceeding ten working days, after which their employment may
terminated by the employee or the Company..

3.2.6 Payment in respect of any period of sick leave, public holidays or compassionate
leave, as provided for in this Agreement, shall be made according to the number of


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hours the employee would have worked on the day or days on which leave was taken so
as not to reduce the employee's wage below the level which the employee would have
received had he or she not been absent from work.

3.2.7 A part-time employee who works outside their ordinary hours of work shall be paid
for such excess hours or for work outside such hours at the rate of time and a half for
the first two hours and double time thereafter.

3.2.8 No full-time employee as at the date of this Agreement will be changed to part-time
employment unless agreed by the employee and the Company.


3.3 Probation / Qualifying Period

All full time and part time employees shall serve a period of probation of 13 weeks
duration. During or at the end of the probation period, an employee may be terminated,
or resign, with one day's notice.


3.4 Casual Employment

3.4.1 A casual employee means a person who is engaged by the hour and who is paid
for working ordinary hours 1/38 of the appropriate weekly wage plus 22.5%.

3.4.2 A casual worker shall be engaged for a minimum period of four hours on any day
except on Saturdays when it shall be three hours.

3.4.3 A casual worker shall not be entitled to payment for any leave (e.g. sick leave,
annual leave, public holidays) as prescribed in Part 6 of this Agreement but will be
entitled to Long Service Leave in accordance with the provisions of Long Service Leave
Act (Vic)1996

3.4.4 For any time worked:

(a) in excess of the same ordinary hours for the majority of employee in the same work
area; or
(b) on a Saturday, Sunday or Public Holiday; or
(c) outside the normal spread of hours as prescribed in this Agreement;
shall be paid the ordinary hourly rate prescribed for a full-time employee plus the
appropriate overtime penalty of a full-time employee. (NB. The 22.5% casual loading is
not paid on overtime.)

3.4.5 Casual employees working shift work shall receive, for the first 7.6 hours worked
on each day, the shift loading specified in this agreement in addition to the 22.5% casual
loading. This shall not apply in the circumstances described in clause 3.4.4.



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                       ENTERPRISE AGREEMENT 2009


3.4.6 Direct engagement shall be the principle and preferred method of employment for
all workers including casuals

3.4.7 Casual workers as distinct from Contractors whether directly engaged by the
Employer or not, who are employed on a continuous basis for a period longer than
twelve months will be offered permanent employment. Continuous shall be defined as
regular work having a similar pattern of absences from work as a permanent employee,
ie sick days and leave.

3.4.8The employer agrees that work that is performed by persons who are not directly
employed by the Employer and that would otherwise be covered by this agreement will
only be accepted by the employer if those persons receive the same rates of pay and
conditions as employees covered by this agreement.



3.5 Redundancy


3.5.1 The provision of clause 2.1 shall apply in cases of redundancy.

3.5.2 Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties as an alternative to redundancy
the employee shall be entitled to the same period of notice of transfer as he/she would
have been entitled to if his/her employment had been terminated, and the Company
shall make payment of the difference between the former ordinary time rate of pay and
the new lower ordinary time rates until such time as the difference has been absorbed
by future wage increases.

3.5.3 Severance Pay

In addition to the period of notice prescribed for ordinary termination in Clause 3.6 and
subject to further Award of Fair Work Australia, an employee whose employment is
terminated because of redundancy shall be entitled to the following amount of
severance pay in respect of a continuous period of service:




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                       ENTERPRISE AGREEMENT 2009




Period of Continuous Service                  Severance Pay


Less than one year                            Nil
1 year but less than two years                4 weeks pay
2 years but less than three years             6 weeks pay
3 years but less than four years              7 weeks pay
4 years but less than five years              8 weeks pay
5 years but less than six years               11 weeks pay
6 years but less than seven years             13 weeks pay
7 years but less than eight years             15 weeks pay
8 years but less than nine years              17 weeks pay
9 years but less than ten years               20 weeks pay
10 years and over                             25 weeks pay

(a) For the purpose of this clause continuity of service shall be calculated in the manner
prescribed by clause 6.7 of this Agreement.

(b) 'Week's Pay' means the ordinary time rate of pay for the employee concerned.

(c) Provided that the severance payments shall not exceed the amount which the
employee would have earned if employment with the Company had proceeded to the
employee's normal retirement date.

   (d)    For employees with 10 years service or more the company has increased
          severance pay from 20 weeks to 25 for the first two years of this agreement.
          The Company will increase the severance pay for employees with 10 years or
          more service to 28 weeks commencing 1 November 2011

   (e)    The Company will assess together with the NUW the level of severance pay
          after the completion of this agreement.

   3.5.4 Employees Leaving During Notice Period


   An employee whose employment is terminated for reasons set out in sub clause (1)
   hereof, may terminate his/her employment during the period of notice, and if so shall
   be entitled to the same benefits and payments under this clause had he/she
   remained with the Company until the expiry of such notice; provided that in such
   circumstances the employee shall not be entitled to payment in lieu of notice.


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3.5.4 Alternative Employment

A Company in a particular redundancy case, may make application to Fair Work
Australia to have the general severance pay prescription varied if the Company obtains
acceptable alternative employment for an employee.


3.5.5 Time Off During Notice Period

During the period of notice of termination given by the Company an employee shall be
allowed up to one day's time off without loss of pay during each week of notice for the
purpose of seeking other employment. If the employee has been allowed paid leave for
more than one day during the notice period for the purpose of seeking other
employment, the employee shall, at the request of the Company be required to produce
proof of attendance at an interview or he/she shall not receive payment for the time
absent.

For this purpose a statutory declaration will be sufficient.

3.5.6 Employee Exempted

This clause shall not apply where employment is terminated as a consequence of
conduct that justifies instant dismissal, including malingering, gross inefficiency, neglect
of duty or misconduct or in the case of casual employees, or employees engaged for a
specific period of time or for a specific task or tasks, or to employees with less than one
year's continuous service.

3.5.7 In the event of the Company deciding to make employees redundant, the Union
and or the employees chosen representative, may approach the Company to establish
whether the minimum entitlements contained in this Agreement can be improved. Not
withstanding these discussions, this Certified Agreement continues to apply to all
employees.


3.6 Termination of Employment - Full Time & Part Time Employees

3.6.1 Notice of Termination by Company

(a) In order to terminate the employment of any employee the Company shall give to the
employee the following notice:




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                       ENTERPRISE AGREEMENT 2009




Period of Continuous Service                Period of Notice


Less than one year                          1 week
1 year but less than 3 years                2 weeks
3 years but less than 5 years               3 weeks
5 years and over                            4 weeks

(b) In addition to the notice in sub clause (a) hereof, employees over 45 years of age at
the time of the giving of the notice with not less than two years continuous service, shall
be entitled to the additional week's notice.

(c) Payment in lieu of notice prescribed in sub clause (a) and/or (b) hereof shall be made
if the appropriate notice period is not given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice the wages to be used shall be those an
employee would have received in respect of the ordinary time he/she would have
worked during the period of notice had his/her employment not been terminated.

(e) The period of notice in this clause shall not apply in the case of dismissal for conduct
that justifies instant dismissal, including malingering, gross inefficiency, neglect of duty
or misconduct, or in the case of casual employees or employees engaged for a specific
period of time or for a specific task or tasks.

3.6.2 Notice of Termination by Employee

(a) The notice period of termination required to be given by an employee shall be the
same as that required of the Company, save and except that there shall be no additional
notice based on the age of the employee concerned.

(b) If an employee fails to give notice the Company shall have the right to withhold
moneys due to the employee with a maximum amount equal to the ordinary time rate of
pay for the period of notice.

3.6.3 Statement of Employment

The Company shall upon receipt of a request from an employee whose employment has
been terminated, provide to the employee a written statement specifying the period of
employment and the classification of or the type of work performed by the employee.

3.6.4 Time Off During Notice Period


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Where the employer has given notice of termination to an employee, an employee shall
be allowed up to one day's time off without loss of pay for the purpose of seeking other
employment. The time off shall be taken at times that are convenient to the employee
after consultation with the Employer.

3.7 Return of Company Equipment

An employee whose employment is terminated by themselves or the company, shall
have that part of their entitlements held which is necessary to cover the cost of any tools
or equipment not returned. In particular knives and mesh gloves must be returned or an
amount equal to their replacement cost will be deducted from their final payment.

The company shall keep accurate documentation as to what equipment has been issued
to employees.

3.8 Suspension of employees without pay

The parties are agreed that there are cases of misconduct where the circumstances
mitigate what would otherwise lead to the summary dismissal of the employee. In such
circumstances, the employee may be suspended without pay for a period of up to 2
weeks, dependent upon the seriousness of the misconduct. Any suspension under this
clause will not affect an employee's continuity of service. Any suspension under this
clause shall be recorded in writing and a copy provided to the employee and if
requested, to their chosen representative. Any dispute over the application of this clause
shall be dealt with via clause 2.2 of this Agreement. In the event an employee is not
terminated after being suspended as a result of this clause they shall be paid their
normal rate for all time suspended.


3.9 Instant Dismissal

Notwithstanding any other provisions of this Agreement the Company shall have the
right to dismiss any employee without notice for conduct that justifies instant dismissal,
including malingering, gross inefficiency, neglect of duty or misconduct and in such
cases the wage shall be paid up to the time of dismissal only.


3.10 Stand Down

Notwithstanding anything elsewhere contained in this Agreement the Company shall
have the right to deduct payment for any time an employee cannot usefully be employed
because of any strike or breakdown in machinery or any stoppage of work by any cause
for which the Company cannot reasonably be held responsible.

3.11 Abandonment of Employment


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Where an employee is absent from work without notification for a period of 3 days, the
employee will be deemed to have abandoned their employment and have effectively
resigned from the company. Any outstanding entitlements payable to the employee will
be mailed to the employee's last address with an accompanying letter.

In the event that the employee has a legitimate reason for not contacting the company
which can be verified, they will be allowed to continue employment. Any disputes
regarding this clause will be handled in accordance with the settlements of disputes
procedure (Clause 2.2).


3.12 Quality Assurance

3.12.1 The employees will continue to produce and package all goods to Quality
Assurance standards to ensure Quality Assurance accreditation is maintained.

3.12.2 Specifically, employees will at all times ensure that all requirements relating to
HACCAP, AQIS and Primesafe are met. In addition all company policies and procedures
relating to the handling of product and animal welfare will be maintained to the
appropriate standards.

3.12.3 The company will provide inductions and ongoing training to employees to ensure
they are aware of all QA standards, company policies, procedures, and HACCAP, AQIS,
Primesafe and other food training certification requirements.




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PART 4 - WAGES, DEFINITIONS & RELATED MATTERS

4.1 Wages

4.1.1 Adult Employees

An adult employee shall be paid no less than the respective rate per week assigned to
their classification as detailed in Schedule I to this Agreement.

4.1.2 Promotional Criteria

An employee remains at Process Employee Level 1 for the first 3 (three) months or until
they are capable of effectively performing the tasks required of this function so as to
enable them to progress to a higher level as a position becomes available.

An employee remains at their designated Level until they have developed the skills to
allow that employee to effectively perform the tasks required of that level and are
assessed to be competent to perform effectively at a higher level as to enable them to
progress as a position becomes available. These assessments shall occur on a regular
basis.

4.2 Definitions


4.2.1 Process Employee Level 1

(a) Points of Entry New Employee

(b) Skills/Duties - Indicative Tasks

An employee in the first 3 (three) months of duty shall undertake training for any task.
This may involve training in more than one specific area depending on the employee's
application to that/these task/s.

4.2.2 Process Employee Level 2

(a) Points of Entry

Process Employee Level 1; or proven and demonstrated skills (including as appropriate,
Industry Certification) to the level required of this grade.

(b) Skills/Duties - Indicative Tasks

Indicative of these tasks which an employee at this Level may perform are the following:



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- loading and unloading the crate washer for finished product;

- locating and removing any residual feather from carcasses on the line;

- rehanging poultry post primary grading and/or including wet re-hanging or hanging on
to automatic cut up, or operator scales, carton strapping, including minor adjustment and
tape installation;

- maintaining plant hygiene;

- placing a pad on a tray, a plastic liner in a crate, or forming cartons manually or semi
automatically;

- loading trays into an automatic wrapping machine and/or the hand application of stick
on labels on tray packs or bags;

- moving product between work areas as directed and/of distributing ice throughout the
plant where required;

- receiving incoming goods and/or packaged products from the plant and/or sorting and
stacking products inside a freezer or chiller room, and retrieving this product for
dispatch;

- operating material handling equipment which may require a licence, conveyer or shrink
wrap machine.


4.2.3 Process Employee Level 3

(a) Points of Entry

Process Employee Level 2; or proven and demonstrated skills (including as appropriate,
Industry Certification) to the level required of this grade.

(b) Skills/Duties - Indicative Tasks

Indicative of the tasks which an employee at this level will be able to perform include the
following:

- employees engaged in the product areas from where the kill and eviscerating lines
meet to the point of entry into the first washer and/or chiller, including re-hanging, vent
opening, eviscerating, harvesting, pre-pack presenter and evisceration checker;

- placing a whole bird and/or pieces into a plastic bag and/or clipping and/or placing the
bagged or bulk bird into a carton or crate to the quality standards as determined by the


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Company;

- placing a bird/pieces into a plastic bag and/or clipping the bag on an automatic or
semiautomatic machine, or an employee who rotates between this work and that
mentioned above being packing of fresh whole birds and/or pieces into cartons, tubs or
crates;

- sorting and selecting (and trimming where necessary) pieces of boneless product to
achieve random/set weights on valumatic trays and presenting the product to quality
specifications which includes no blemishes, no retention of viscera, no protrusions or
overlap and to a standard specification layout;

- grading of birds to ABC quality standards (grader machine):
- experienced in all duties related to 9 piece cut up machine in order to consistently
achieve Company quality standards;
- Receiving stock into production chiller via conveyors and stacking to pallets.
- feeding product to the Linco boning & or weighing system.

4.2.4 Process Employee Level 4

(a) Points of Entry

Process Employee Level 3; or proven and demonstrated skills (including as appropriate,
Industry Certification) to the Level required of this grade.

(b) Skills/Duties - Indicative Tasks

Indicative of the tasks which an employee at this Level may perform are the following:

- operating a weight labelling machine which automatically places a price-weight label,
entering product and/or price coding, positioning labels to set company quality
standards;

- unloading crates onto a dock, hanging live birds and/or catching escaped birds,
assisting in the back up killing and restacking live bird crates and rotating between each
of the abovementioned tasks.

- manually recording the type and weight of finished product from the packaging floor to
storage;

- knife work performed to remove flesh whilst working on the - breast filleting machine.


4.2.5 Process Employee Level 5




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(a) Points of Entry

Process Employee Level 4; or proven and demonstrated skills (including as appropriate,
Industry Certification) to the Level required of this grade.

(b) Skills/Duties - Indicative Tasks

Indicative of the tasks which an employee at this Level may perform are the following:

- deboning poultry manually in an on-line boning operation to the specified standards,
but excluding knife work performed on the Stork breast filleting machine;

- measuring and recording physical properties of the whole bird or portions to
established standards of measurement. This may include temperature, flock
assessment, scalding characteristics, evisceration performance, water pick up where
appropriate, bacteria control measures and such preparation for laboratory staff
inspection services as determined by the Company;

- skilled use of a hand operated rotary saw to cut whole bird and/or pieces to set
standards;

- primary grading of whole birds immediately after exiting the water and/or air chiller to
predetermined quality specifications, sorting and selecting to meet those standards and
may in addition place birds on shackles for distribution within the packing plant. These
employees are those engaged in grading the birds for total packing room distribution;

- primary operation and care of all appropriate materials handling equipment under
license;

4.2.6 Process Employee Level 6

(a) Points of Entry

Process Employee Level 5; or proven and demonstrated skills (including as appropriate,
Industry Certification) to the Level required of this grade.

(b) Skills/Duties - Indicative Tasks An employee at this Level will:

- be capable of performing duties at all levels;

- have completed Cert IV in Training & Assessment.;

- undertake the training of other process employees as directed.




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4.2.7 Process Employee Level 6D

 Employees, who in Distribution perform the following encompassing, combined duties:
Reading a picking slip, retrieving product from the chiller and palletizing in order of
delivery. The accurate checking of picked products, combined with the loading of trucks
with product as per the drivers run sheet, whilst using electronic pallet movers. Driving
and unloading of the inter site Distribution run vehicles. Employees driving distribution
vehicles.

4.2.8 Team Leader (Staff Position)

Level 6; or proven and demonstrated skills (including as appropriate, Front Line
Management Certification IV ) to the Level required of this grade.

(b) Skills/Duties - Indicative Tasks An employee at this Level will:

- be capable of performing duties at all levels;

Team Leader - means an adult employee appointed as a Team Leader by the Company
who while working under limited direction of management gives instructions to/or is
responsible for the work done by other employees in any specified area.

4.3 Primary Function

4.3.1 An employee shall be classified based on their Primary Function as follows,
according to the duties ordinarily performed within the one classification level that they
spend a minimum of five hours a day performing.

4.3.2 Employees will be required to rotate their functions within the skill level of their
primary classification level and below as well as at higher classifications as required.

4.3.3 Employees working at a higher classification level, other than when in training shall
be paid at the rate of pay applicable for the higher classification level for the time worked
at that higher level.

4.4 Payment of Wages

4.4.1 Payment shall be paid weekly by electronic funds transfer.

4.4.2 Each employee shall be supplied on or before pay day with a statement in writing
showing, or from which may be calculated, the amount of ordinary pay, overtime,
penalty rates and allowances and the amount of deduction for any purposes in respect
of the amount paid.

4.4.3 Subject to agreement between the Company and the person upon termination of



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employment, wages due to an employee shall be paid on the day of such termination by
cheque or in the next pay week by electronic funds transfer.

4.5 Leading Hand Employees

4.5.1 'Leading Hand' - means an adult employee appointed as a Leading Hand by the
Company who while working under directions of management gives instructions to/or is
responsible for the work done by other employees.
4.5.2 An employee appointed as a Leading Hand shall be paid 4% in addition to the
appropriate wage level.

4.6 Meal Allowance

An employee required to work on any day for more than one hour's overtime after the
completion of ordinary time shall be paid a meal allowance. The current meal allowance
of $10.25 shall be increased by 3% annually (ie The allowance will go up to $10.56 in
the first year and $10.88 in the second year and $11.21 in the third year of this
agreement.)

4.7 First Aid Allowance

Any employee nominated by the company to provide first aid shall be paid a weekly
allowance of $10. This allowance shall be increased in accordance with the % increase
in clause 8 of this agreement (ie the allowance will go up to $10.40 in the first year and
$10.82 in the second year of this agreement). The payment of the allowance will be
subject to:

(a) the employee concerned undertaking any required training and maintaining the
relevant first aid certification for the period of the Agreement;

(b) the employee concerned having any inoculations as determined by the employer
from time to time.

4.8 Superannuation

4.8.1 The Company shall make on behalf of each employee, contributions in accordance
with the Superannuation Guarantee Act, to one of the following funds nominated by the
employee:

(a) MLC Master Key Superannuation Fund or

(b) Labor Union Co-Operative Retirement Fund (LUCRF)( LUCRF shall be the default
Fund)



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4.8.2 'Ordinary Time Earnings' shall include the classification rate, shift work premiums,
service grants and any penalties where such penalties are part of the employees normal
earnings, excluding overtime, travel, meals or annual leave loading.

4.8.3 Employee Contributions

Employees who may wish to make contributions to the Fund additional to those being
paid by the Employer shall be entitled to authorise the Employer to pay into the Fund
from the employee's wage amounts specified by the employee.

4.8.4 Superannuation contributions shall be made on a monthly basis in arrears.

4.8.5 Salary Sacrifice for Superannuation

This Clause provides the mechanism whereby an employee can request an alternative
system for the payment of a part of their wages. It is intended that this will benefit
employees without imposing additional costs on the company. The program is voluntary.

(a) An employee may participate in a salary sacrifice program in relation to
superannuation contributions.

(b) The employee may request to receive ordinary time wages payable in accordance
with this Agreement, minus an amount diverted into additional superannuation
contributions under this program.

(c) Any request to participate in the program shall be in a form approved by the
Company.

(d) An employee who takes any paid leave shall receive the ordinary wages payable
after deductions made under this clause in lieu of salary and wages and other amounts
payable under the relevant Agreement.

(e) Any other Agreement payment (including overtime, annual leave loading and
termination payments) will be calculated as if the contribution in clause 4.8.5(b) had not
been deducted from the wages.

(f) Each employee participating the program under this clause shall receive written
confirmation of relevant information, including the post arrangement gross wage rates,
net wage rates and any other payment that may be affected by the arrangement. This
will be shown on the employee pay slips.

(g) Written confirmation as specified in sub clause 4.8.5 (f) above shall be provided
again whenever the employee's wage rate changes.
(h)    The employee may revoke the salary sacrifice agreement at any time vary the
amount to be deducted at six monthly intervals


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(i) After taking into account the deductions made pursuant to sub clause 4.8.5 (b) an
employee shall not receive less than the wage rate specified in this Agreement.

(j) All employee contributions under this clause are to be made in multiples of 1% of the
employee's ordinary rate of pay.

(k) An employee may choose to vary the amount of their contribution at 6 monthly
intervals, but the change will only be implemented from the first pay period commencing
1 month after the request has been received.


PART 5 - HOURS OF WORK, BREAKS & OVERTIME

5.1 Hours of Work


5.1.1 The ordinary hours of work shall be an average 38 each week to be worked on
the basis of “by employees working less than 8 ordinary hours each day, or such other
work cycle as may be agreed between the Company and the majority of employees in
the plant or work section or sections concerned.

5.1.2 In any arrangement of ordinary hours where the ordinary working hours are to
exceed 7.6 and not more than 12 hours on any day, the arrangement of hours shall be
subject to agreement between the company and the majority of employees in the plant
or work section or sections concerned.

5.1.3 In no more than 4 weeks per annum the Company may, with one weeks notice,
vary the number of hours up to 10 on any day, provided that the total number of ordinary
hours for that week remains unchanged.

5.1.4 (a) During the period 1 October to 31 March the company at its discretion, may
      advance the start time to 6.00 a.m in the packing area.

      (b)During December each year the company and the employees may by mutual
      agreement arrange ordinary working hours to allow employees to have an earlier
      finish time than normal on the last working day before Christmas and New Year.

5.2 Day Workers

Subject to the provisions of Clause 5.4 (Saturday Work) the ordinary hours for day
workers shall be worked Monday to Saturday between the hours of 5.00am and 7.00pm.
Provided that the practice and custom in regard to early start times in relation to extreme
Summer heat conditions, shall be allowed to continue.



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5.3 Rest Periods

5.3.1 Employees shall be allowed two rest periods of combined of a total of 25 minutes
to be taken by agreement between the relevant manager and the employees affected.
The first rest period is to commence within three hours of normal commencement.
Where employees finish their duties within the specified 7.6 hour span they will, as is
current practice, waive the second paid break and finish their normal shift 10 minutes
earlier, but be paid for a full 7.6 hour day.

Such breaks should ideally be taken so as to balance the taking of breaks across the
day whilst meeting operational requirements.

5.3.3 Where overtime is to be worked in excess of 2 hours, an additional paid break of
10 minutes will be scheduled with the timing to be at the discretion of the
manager/supervisor, but no later than 90 minutes from the previous break or by
agreement with the employees.

5.4 Meal Interval

Employees, shall be allowed an unpaid meal break of at least 30 minutes to commence
between the third and fifth hour after commencing ordinary hours. If employees have
not been granted a meal break within five hours Penalty rates will occur and continue
until such time the employee is granted their meal break.

5.5 Shift Work
The following shift work provisions will apply:

5.5.1 Hours

The ordinary hours of work of a shift worker may be worked on any or all days of the
week.

5.5.2 Definitions

For the purpose of this provision:

(a) „Afternoon shift‟ means any shift finishing after 7.00 p.m. and at or before midnight.

(b) „Night shift‟ means any shift finishing subsequent to midnight and at or before 10.00
a.m.




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5.5.3 Shift Allowances

(a) A shift worker whilst on afternoon shift shall be paid at the ordinary rate prescribed
for a full-time day worker plus 15% per shift.

(b) A shift worker whilst on night shift shall be paid at the ordinary rate prescribed for a
full-time day worker plus 25% per shift.

5.5.4 Saturday Shifts

The minimum rate to be paid to a shift worker for work performed between midnight on
Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in
substitution for and not cumulative upon the shift allowances in sub clause (a) hereof.

5.5.5 Sunday and Public Holiday Shifts

(a) Shift workers for all time worked on a Sunday or Public Holiday shall be paid:

(i) Sunday, 2 times the ordinary rate (i.e. no shift allowance);

(ii) Public Holiday, two and a half times the ordinary rate (i.e. no shift allowance).

(b) Where a shift falls partly on a Sunday or a holiday, that shift, the major portion of
which falls on the Sunday or holiday, shall be regarded as the Sunday or holiday shift,
as the case may be, for the purposes of payment of the Sunday or holiday rate.
5.5.6 The Company and a majority of employees may agree to work a Saturday,
Sunday or Public Holiday at ordinary time to vary a number of days off. In the event of
this occurring a paid day off is to be implemented within the week prior or the week after
the said worked day.

5.6 Rosters

5.6.1 Rosters shall specify the commencing and finishing times of ordinary working
hours of fulltime and part-time employees.

5.6.2 The times of commencing and finishing shifts once having been determined may
be varied by agreement between the Company and the majority of employees
concerned to suit the circumstances of the establishment or in the absence of such
agreement, by seven days notice of alteration given by the Company to the employees.
Provided that the ordinary starting and finishing times may be changed without payment
of overtime in the case of breakdown of plant or equipment or other exceptional
circumstances or by agreement.

5.6.3 When the temperature for the following day is forecast to be 35 degrees Celsius or
higher, the ordinary starting time for employees may be advanced by the Company by


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one hour, without the payment of penalty rates. Notice to commence early will be given
prior to the conclusion of regular shifts, the day prior.

5.7 Overtime
(a) It is recognised that given the nature of the industry, overtime will be required to
meet production demands. The Company may require any employee to work
reasonable overtime at overtime rates and such employee shall work overtime in
accordance with such requirement.
(b) Reasonable overtime is, consistent with the Fair Work Act 2009, additional hours
worked at overtime rates to meet the operational needs of the business, except in the
following circumstances
(i) The working of overtime would constitute a risk to the employees health and
 safety
(ii) The employees personal circumstances including family responsibilities would
prevent them from working overtime

(c) It is the responsibility of any employee who regularly works overtime to advise the
company within the first hour of commencement of work on any working day of any
circumstances which would prevent them from working overtime to meet operational
needs. In the event of unforeseen personal issue preventing an employee from being
available for overtime they will advise the company as soon as possible of such
circumstance.

(d) The parties accept that as a Poultry Processing Plant, largely for the fresh food
market, reasonable overtime is a requirement of employment. The employers will
endeavor to give as much notice as possible of overtime requirements.
(e) All work performed outside of ordinary time shall be termed overtime. The rate of pay
for overtime shall be time and a half for the first two hours and double time thereafter.
Provided that where the Company and the individual employee concerned agree the
equivalent overtime time off (e.g. 1 hour overtime = 1.5 hours off) may be granted in lieu
of payment.
(f) An employee who has left the Company's premises and is recalled to work overtime,
whether notified before the employee has left the Company's premise or not shall be
paid a minimum of three hours at the appropriate rate, provided that such employee
presents for work as required.

5.7.1 Rest Period After Overtime

(a) An employee (other than casual) who works so much overtime between the
termination of his ordinary work on one day and the commencement of his ordinary work
on the next day that he has not had at least ten consecutive hours off duty between
those times shall, subject to this sub clause, be released after completion of such


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overtime until he has had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.

(b) If on the instructions of his Company such an employee resumes or continues work
without having had such ten consecutive hours off duty he shall be paid an additional
amount of ordinary time until he is released from duty without loss of pay for ordinary
working time occurring during such absence.

(c) The provisions of this sub clause shall apply in the case of shift workers as if eight
hours were substituted for ten hours when overtime is worked:

(i) for the purpose of changing shift rosters, or

(ii) where a shift worker does not report for duty and a day worker is required to replace
such shift worker, or

(iii) where a shift is worked by arrangement between the employees themselves.

(iv) In calculating overtime, each days work shall stand alone.

5.8 Sunday Work

5.8.1 An employee required to work on a Sunday shall be paid for all time worked, two
times the ordinary hourly rate appropriate to the classification under which the employee
is employed.

5.8.2 Such employee shall be provided with a minimum of four hours work or shall be
paid as for four hours work at the appropriate rate.




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PART 6 - LEAVE & PUBLIC HOLIDAYS

6.1 Annual Leave

(a) Except as otherwise provided in this Agreement each employee shall be entitled to
152 hours as annual holiday that accrues at the rate of 11.6923 hours per 4 weeks of
service.
(b) Except where otherwise agreed the annual holiday shall be given by the company
and shall be taken by the employee before the expiration of a period of 6 months after
the date upon which the right to such holiday accrues.
(c) Except on termination of employment payment shall not be made by the Company to
you in lieu of any annual leave in excess of 4 weeks accrued and then only at the rate of
two weeks in any one year.
(d) The Company shall give each employee at least ten working days notice of any date
from which it requires for any annual leave to be taken.
(e) The company will pay each employee in advance, before commencement of your
annual leave your ordinary pay for the leave period, or it may be paid weekly upon
request from you.
(f) Where any public holiday for which each employee is entitled to payment occurs
during any period of annual leave, the period of the leave shall be increased by one day
in respect of that public holiday.
(g) During a period of annual leave each employee shall receive a loading of 17.5% but
this does not apply to pro rata leave paid on termination of employment
(h) Each employee will be paid such leave and/or pro-rata annual leave on termination
as you have accrued at the time of the termination.
Where any trade or public holiday for which the employee is entitled to payment under
the contract of employment occurs during any period of an annual holiday taken by an
employee under this section, the period of the holiday shall be increased by one day in
respect of that trade or public holiday.

6.2 Personal (Sick/Carer’s Leave)


6.2.1 Each employee shall be entitled to personal leave of 76 hours per year subject to
complying with the conditions of this clause and which shall accrue at the rate of 5.846
hours per 4 week period.
6.2.2An employee may take paid personal leave if the leave is taken
(a)     because the employee is unfit for work because of a personal illness or personal
injury, affecting the employee or



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(b) to provide care or support to a member of the employee‟s immediate family, or a
member of the employee‟s household, who requires care or support because of
       (1)    a personal illness, or a personal injury, affecting the member or
       (2)    an unexpected emergency affecting the member

6.2.3 Each employee shall provide evidence as required by the Company, to the
satisfaction of the Company that they were unable on account of illness, injury or
emergency affecting themselves or their immediate family or household member to
attend work for the day or days for which they claimed to be entitled to such leave of
absence.
Such evidence is to be provided to their supervisor upon the employee returning to
work. If the employee is unable to obtain a certificate from a Registered Health
Practitioner because it is impracticable to do so, a statutory declaration may be
produced subject to the following:
a) It must state why it was impracticable to obtain a certificate and, if the injury or illness
is caused by or could be affected by work duties, or is of a nature that would affect an
employee‟s ability to work in a food processing environment, the nature of the illness or
injury
b) In each case, each employee shall take all reasonable steps to advise the Company
of their absence from duty, as near as possible to, but no later than normal
commencement time. Such advice shall, as far as practicable, state the nature of the
injury or illness (only if the injury or illness is caused by or could be affected by work
duties, or is of a nature that would affect an employees ability to work in a food
processing environment), and the estimated duration of the absence. As a food
processor, any illness including diarrhea, stomach upsets or symptoms related to
gastro-enteritis will require a doctor‟s clearance prior to returning to work. An employee
must notify the company as soon as possible of any work related injury or injury that
may impact on their work duties. Change back
6.2.4 Provided that, if it is not practicable to inform the Company by normal
commencement time, the employee shall inform the Company as soon as practicable
thereafter. If you are unable to see a Doctor you may want to ring the company again
and advise the company who may be able to arrange a medical appointment for you.
6.2.5 If requested by the employer, a certificate from a duly qualified health practitioner
shall be produced as required. If a certificate from a duly qualified health practitioner
cannot be provided a statutory declaration may be provided.
6.2.6 If the full period of personal leave as prescribed above is not taken in any year
such portion as is not taken shall be cumulative from year to year.
6.2.7 The services of an employee shall not be terminated during the currency of any
period of personal leave with the object of avoiding the Company‟s obligations under this
sub clause.




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6.2.8 Sick leave may be cashed out once a year in accordance with the Fair Work Act
2009 if requested in writing by the employee and only for leave over and above 20 days
accrued as at the 31st November each year.
(a)    An employee wishing to avail themselves of this offer must nominate in writing to
the Company on the form provided by the Company specifically for this purpose. The
Company will make the form available to all employees by December 1 each year.
(b)    This scheme is only available to those employees who have more than 20 days
sick leave accrued as at December 1st each year. Payment must occur by December
15th each year or in the weeks wages that the 15th falls within.

6.3 Unpaid Carers Leave
6.3.1 An employee is entitled to a period of up to 2 days unpaid carer‟s leave for each
occasion (a permissible occasion) when a member of the employee‟s immediate family,
or a member of the employee‟s household, requires care or support during such a
period because of:
   (a) a personal illness, or injury, of the member; or
   (b) an unexpected emergency affecting the member.

6.3.2 An employee is entitled to unpaid carer‟s leave only if the employee complies with
the notice and documentation requirements under clause 14 of this agreement and they
have exhausted all of their personal leave entitlement.

6.3.3 Resuming After An Absence
(a) Employees absent from work for any reason whatsoever except Annual Leave, Long
Service Leave, Compassionate Leave or any other authorised leave, shall contact their
Supervisor by midday on the working day prior to resuming and make the necessary
arrangements to resume work.
(b) Should any employee present themselves for work after an absence without making
the necessary arrangements to resume work, the employer shall not be obliged to
employee them on that particular day.

6.4 Compassionate and/or Bereavement Leave
6.4.1 Each employee is entitled to 2 days compassionate leave for each occasion (a
permissible occasion) when a member of their immediate family, or a member of the
their household:
(a) Contracts or develops a personal illness that poses a serious threat to his or her life
or;
(b) Sustains a personal injury that poses a serious threat to his or her life.

6.4.2 The following are members of an employee’s immediate family:



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(a) The employee‟s spouse, child, parent, grandparent, grandchild or sibling, (ie brother
or sister). In addition, immediate family includes the child, parent, grandparent,
grandchild or sibling, (i.e. brother or sister), of the employee‟s current or former spouse
(including de facto spouses).

Note: spouse includes the following:
(a) a former spouse (husband or wife);
(b) a de facto spouse;
(c) a former de facto spouse
6.4.3 An additional days leave will be granted up to and including the day of the funeral
on the death of the following family members:(a), Husband, wife, father, mother, father-
in-law, mother-in-law, foster parent, brother, sister, child or step-child. Such leave shall
be without deduction of pay for a period not exceeding the number of hours worked by
the employee in three ordinary days work.

(b) This clause shall have no operation while the period of entitlement to leave under it
coincides with any other period of entitlement to leave.

6.4.4 In all circumstances proof of such illness or death shall be provided by the
employee to the satisfaction of the Company including evidence of the defacto
relationship (Tax return or similar document) and, in the case of illness or injury which
poses a serious threat to the person‟s life, evidence from a Doctor or a Hospital
authority.

6.5 Parental Leave
Parental Leave (Maternity, Paternity and Adoption Leave) will be in accordance with the
Fair Work Act 2009 or as amended from time to time. A detail of your entitlement is
available upon request to your Supervisor.

6.6 Long Service Leave
Refer Long Service Leave Act

6.7 Service
6.7 Calculation of continuous service


For the purposes of this agreement a year of employment shall be deemed to be
unbroken notwithstanding:


6.7.1 any annual leave or long service leave taken therein;




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6.7.2 any interruption or ending of the employment by the employer if such interruption
or ending is made with the intention of avoiding obligations in respect of annual leave or
long service leave;


6.7.3 any absence on account of paid leave granted imposed or agreed by the
employer;


6.7.4 any absence on any other account not involving termination of employment.


6.7.5 An employee shall continue to accrue all leave entitlements while taking any form
of paid leave granted, imposed or agreed by the company. In the event of an employee
taking any form of unpaid leave they shall not accrue any leave entitlements for the
duration of that unpaid leave.


6.8 Jury Service
A full-time employee required to attend for jury service during ordinary working hours
shall be reimbursed by the Company an amount equal to the difference between the
amount paid in respect of attendance for such jury service and the amount of wage to be
received in respect of the ordinary time that would have been worked except for the jury
service. An employee shall notify the Company as soon as possible of the date upon
which there is a requirement to attend for jury service. Further the employee shall give
the Company proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.


6.9 Public Holidays

6.9.1 A weekly employee not required to work shall be entitled to holidays on the
following days without deduction of pay:

(a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and
Boxing Day;

(b) The following days, as prescribed in the State of Victoria: Australia Day, Anzac Day,
Queen's Birthday and Eight Hours' Day or Labour Day; and

(c) Melbourne Cup Day.

6.9.2 (a) When Christmas Day is Saturday or a Sunday, holiday in lieu thereof shall be
observed on 27 December.




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(b) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be
observed on 28 December.

(c) When New Years' Day or Australia Day is a Saturday or Sunday, a holiday in lieu
thereof shall be observed on the next Monday.

(d) In the event of a holiday falling on a day which will result in a plant being closed for a
period of four (4) days including Saturday and Sunday, the employee will be required to
work on the fourth day

6.9.3 The Company and its employees may agree to substitute another day for any
prescribed in this clause. For this purpose, the consent of the majority of affected
employees shall constitute agreement. An agreement shall be recorded in writing and be
available to every affected employee.

6.9.4 A full-time employee who is required to work on any of the above-named public
holidays or on any day substituted by Act of Parliament or Proclamation of such public
holiday, shall be paid for all time worked, two-and-one-half times the hourly rate
appropriate to the classification under which the employee is employed. (NB No shift
loadings paid.).

6.9.5 An employee working on a prescribed holiday shall be paid at the rate of double
time and a half for all time worked in excess of 7.6.hours.

6.9.6 Where a full-time or part-time employee is absent from his or her employment on
the working day or part of the working day before or after a holiday (or substituted day)
without reasonable excuse or without prior consent of the Company, shall be dealt with
in accordance with company policy and procedures.
6.9.7 The Company recognizes Union Picnic Day as a Public Holiday. To ensure
      production needs are met the employees may be required at the Company‟s
      discretion to work on the day of Union Picnic day.

6.9.8 If an employee works on Union Picnic Day they will receive a day in lieu, to be
      taken at a time agreed between the employee and the Company, or if they are
      not granted a day in lieu they will be paid for that day at the appropriate penalty
      rates for working on a public holiday.




PART 7 - MISCELLANEOUS

7.1 Communications with Employees



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               TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                         ENTERPRISE AGREEMENT 2009


In order to facilitate the operation of this Agreement and/or to ensure its observance, the
Company agrees to maintain notice boards in the facility for the purpose of posting any
notice in connection with meetings or other business involving employees.

7.2 Copies of this Agreement

Copies of this agreement will be made available to all employees who request them.
Additionally copies of the agreement will be posted on company notice board.

7.3 Training

7.3.1 The Company is committed to training and multi-skilling all employees. All
employees shall be required to participate in generic & job specific training as required.

7.3.2 Specifically, all employees are to complete the Company induction which
incorporates Hygiene and Sanitation, Quality Assurance, Occupational Health and
Safety, Communication and Teamwork modules of the Food Processing Certificate -
Level I. The completion of all other modules in Certificate II is mandatory for all
employees who have been deemed eligible trainees and which training will be
undertaken throughout the duration of the employees‟ traineeship and in company time.

7.4 Accident Make-Up Pay

7.4.1 Subject to payments conditions outlined in this clause a permanent weekly
employee who qualifies for Work Cover will receive an amount equal to the difference
between the total amounts received as Work Cover payments and the employee's rate
of wage for working ordinary hours.

7.4.2 No payment shall be made for the first five days of any absence on Work Cover, or
after termination of employment by the employer for reasons other than to avoid
obligations under this clause or by the employee for any-reason.

7.4.3 Payment under this Clause is conditional upon the employee accepting suitable
work in accordance with the terms of any doctor's certificate issued in respect of the
relevant accident. This may include work on duties or classifications different from the
employee's normal duties.

7.4.4 Where an employee receives accident pay and such is payable for incapacity for
part of a week, the amount shall be a direct pro-rata.

7.4.5 Accident pay shall not apply to any incapacity occurring during the first two weeks
of employment unless such incapacity continues beyond the first two weeks, provided
that, as to industrial diseases contracted by a gradual process or injuries subject to
recurrence, aggravation or acceleration, no payment shall be made unless the employee
has been employed with the Company at the time of incapacity for a minimum period of


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             TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                       ENTERPRISE AGREEMENT 2009


one month.

7.4.6 No payment shall be made for any injury arising out of any accident where the
injured employee is knowingly in breach of, or refuses to comply with any statutory
regulation, Agreement provision or any company policy, procedure or instruction relating
to safe working practices.

7.4.7 No payment shall be made in respect of any accident occurring away from the
premises of the employer between the time of commencement and the completion of
work on any day, excepting accident occurring during the performance of the
employee's duties.

7.4.8 No payment shall be made in respect of any period of other paid leave of absence.

7.4.9 The maximum period or aggregate of periods of accident pay to be made by the
Company shall be a total of 39 weeks for any one injury.

7.4.10 Where there is a redemption of weekly compensation payments under the Act the
employer's liability to pay accident pay shall cease as from the date of such redemption.

7.4.11 Any changes in compensation rates under the Act shall not increase the amount
of accident pay above the amount that would have been payable had the rates of
compensation remained unchanged.

7.4.12 Where an employee receives a weekly payment of compensation under the Act
and subsequently such payment is reduced pursuant to the said Act, such reduction
shall not increase the amount of accident pay of more than 5% in respect of that injury.

7.5 Work Clothing & Protective Equipment

7.5.1 Where the Company requires the wearing of particular work clothing and/or
protective equipment, then such items shall be provided free of cost by the Company.

7.5.2 Safety equipment shall be to the standard provided in the Victorian Worksafe
requirements.

7.5.3 Work clothing and protective equipment provided by the Company for the benefit
of the employee remains the property of the Company. It is a condition of employment
that where any items as described above are supplied, then the employee must wear
those items in the correct manner.

7.5.4 Subject to wear and tear, clothing and equipment will be replaced on presentation
of the worn out article.

7.5.5 In respect to lost or misplaced equipment, the employee shall be responsible for


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               TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                         ENTERPRISE AGREEMENT 2009


ensuring that all equipment (but in particular mesh gloves and knives) are appropriately
secured to prevent loss or theft wherever practicable.

7.5.6 Employees failing to comply with the provisions of this clause will be subject to
disciplinary action up to and including termination for repeated breaches.

7.6 Flexibility

7.6.1 The following clauses of this Agreement provide a standard entitlement which may
be modified within the limits specified in this Agreement, by an employee and the
Employer entering into an Agreement flexibility arrangement (“the arrangement”)

Clause title             Clause           Nature of Flexibility Arrangement

Employee initiated          5.1           Where an employee is a parent or care
Request for flexible                      they may request a change in working Working
arrangements                              arrangements to assist in their caring of
                                          parental responsibilities.

7.6.2 The arrangement must be about permitted matters and must not include an
      unlawful term.

7.6.3 The arrangement must only be used to promote the genuine needs of an
      employee and the Employer. The Employer must ensure that the arrangement
      does not disadvantage or discriminate against the employee, or other employees
      or a group of employees, whether directly or indirectly. Further the Employer must
      ensure that the arrangement results in the employee being better off overall than
      the employee would have been if no arrangement had been agreed to.

7.6.4 An arrangement must not be made in relation to matters dealt with in majority
      only authorization clauses in this Agreement.

7.6.5 Arrangements may only be made with existing employees and may not be made
      a condition of engagement.

7.6.6 In order to ensure that there is a genuine agreement to the arrangement, the
      Employer must advise the Union delegate prior to each arrangement being
      entered into and allow the employee and the union delegate paid time to discuss
      the proposed arrangement.

7.6.7 The arrangement must be recorded in writing and translated into a language that
      the employee understands and signed by the Employer and the employee (and if
      the employee is under 18, by their parent or guardian. This arrangement must
      have the prior written approval of the Company Chief Executive Officer or his
      nominee and approvals will not be given retrospectively for an employee to utilize
      any of the above mechanisms.


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             TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                       ENTERPRISE AGREEMENT 2009


7.6.8 The Employer must give a copy of the written record of the arrangement to the
      employee within 7 days after it is agreed to.

7.6.9 The arrangement may be terminated by either party, by giving 7 days written
      notice, or at any time by mutual written agreement.

7.6.10 A copy of these agreements is to be kept by the Company for inspection by the
       Union after a request is made.

7.7   Trade Union Training Leave

7.7.1 Union delegates shall be granted up to a maximum of three days leave per
      calendar year with pay to attend courses conducted or approved by the union
      which are to promote good industrial relations. This leave is not cumulative, and
      is restricted to two delegates per shift in processing and one delegate for
      despatch.

7.7.2 The application to the employer must be in writing and include the nature, content
      and duration of the course to be attended.

7.7.3 The granting of leave pursuant to this clause shall be subject to the employee or
      the union giving not less than two weeks notice of the course or such lesser
      period as may be agreed by the Employer.

7.7.4 Leave of absence pursuant to this clause shall count as service for all purposes
      of this agreement.

7.7.5 An employee shall be required to satisfy the Employer of attendance at the
      course to qualify for payment.

7.7.6 All expenses incurred in attending the course shall be the responsibility of the
      employee.

7.8   Delegates Business

7.8.1 The most appropriate delegate shall be allowed, subject to prior notification to
      their supervisor paid time to conduct legitimate on site union business with
      employees. Union delegates shall have reasonable access to resources to
      perform their role.

7.8.2 In addition, Union delegates will be allowed reasonable time off site on Union
      business without the loss of ordinary pay by prior arrangement with the Employer.
      This agreement will not be reasonably withheld, but is restricted to a total of two
      days per year to cover all delegates.

7.9   Union Meetings



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            TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                      ENTERPRISE AGREEMENT 2009


      Employees attending union meetings on site shall be granted paid release for two
      meetings per year to a total of 30 minutes per meeting for the first two years of
      this Agreement and in the final year of this Agreement a third meeting to a
      maximum of 30 minutes is sanctioned. Except where otherwise agreed, seven
      days notice of the meeting will be given to the Employer. Arrangements to the
      satisfaction of the Employer are to be made for the maintenance of essential
      services during the meeting.




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            TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                      ENTERPRISE AGREEMENT 2009


PART 8 - WAGES SCHEDULE

8.1 Wage Rates

On the agreement of this EBA all employees will receive a sum of $20.00 to their
respective base rate immediately and the balance of the agreed 5% sum increase will
be given upon the signing of this agreement and be payable on or after the first pay
period commencing from November 1st 2009.

CLASSIFICATION      CURRENT PLUS         WEEKLY RATE          HOURLY RATE
                    $20.00

Level 1             $563.16 + $20.00     $583.16              $15.3463

Level 2             $579.50 + $20.00     $599.50              $15.7763

Level 3             $587.86 + $20.00     $607.86              $15.9963

Level 4             $596.22 + $20.00     $616.22              $16.2163

Level 5             $604.58 + $20.00     $624.58              $16.4363

Level 6             $621.30 + $20.00     $641.30              $16.8763

Level 6D            $698.26 + $20.00     $718.26              $18.90



Wage Rates from signing of Agreement

CLASSIFICATION      CURRENT PLUS         WEEKLY RATE          HOURLY RATE
                    BALANCE OF 5%

Level 1             $583.16 + $8.158     $591.318             $15.561

Level 2             $599.50 + $8.975     $608.475             $16.0125

Level 3             $607.86 + $9.393     $617.253             $16.2435

Level 4             $616.22 + $9.811     $626.031             $16.4745

Level 5             $624.58 + $10.229    $634.809             $16.7055

Level 6             $641.30 + $11.065    $652.365             $17.1675

Level 6D            $718.26 + $14.911    $733.17              $19.294



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             TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                       ENTERPRISE AGREEMENT 2009




8.1.1 Further Wage Increases


Wage rates shall be increased by a further 6% operative from the first pay period to
commence on or after the 1st November 2010.

CLASSIFICATION              WEEKLY RATE               HOURLY RATE


Level 1                              $626.80                  $16.495
Level 2                              $644.98                  $16.973
Level 3                              $654.29                  $17.218
Level 4                              $663.59                  $17.46
Level 5                              $672.90                  $17.708
Level 6                              $691.51                  $18.198
Level 6D                             $777.16                  $20.45


8.1.2 Further Wage Increases



Wage rates shall be increased by a further 5% operative from the first pay period to
commence on or after the 1st November 2011.

CLASSIFICATION              WEEKLY RATE               HOURLY RATE


Level 1                              $658.14                  $17.319
Level 2                             $677.229                  $17.8218
Level 3                              $687.00                  $18.079
Level 4                              $696.77                  $18.338
Level 5                              $706.55                  $18.593
Level 6                              $726.09                  $19.1075
Level 7                              $816.02                  $21.472




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            TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                      ENTERPRISE AGREEMENT 2009


Junior Employees

AGE                         Percentage of the Appropriate Adult Rate
                            Prescribed in Sub clause (a) Hereof


Under 16 years of age.                              60
At 16 years of age                                  70
At 17 years of age                                  80
At 18 years of age                                 100

The calculation of the above percentages shall be made to the nearest 10 cents - any
fraction of 10 cents not exceeding 5 cents in the result, is to be disregarded.




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              TURI FOODS PTY LTD & NATIONAL UNION OF WORKERS
                        ENTERPRISE AGREEMENT 2009


PART 9 - SIGNATORIES TO THE AGREEMENT

9.1 Signatories



Signed for and on behalf of Turi Foods Pty Ltd trading as La Ionica
Poultry

Name :       CHRIS TURNER, CEO TURI FOODS PTY LTD


Signature:


                            Date:




Signed for and on behalf of National Union of Workers (NUW)

Name :       ANTONY THOW, SECRETARY NUW VICTORIAN BRANCH


Signature:


                             Date:




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