toll logistics contract logistics division

TOLL LOGISTICS

CONTRACT LOGISTICS DIVISION

(

C · COCA-COLA PERTH WESTERN AUSTRALIA

AND

SUBSIDIARY SITES CONTRACT

Toll Logistics- Contract Logistics Division CCA Western Australia Enterprise Agreement 2008

TABLE OF CONTENTS

1. AGREEMENT STRUCTURE

1.1. Title

1.2. Definitions 1.3. Scope of Agreement

1.4. Parties to the Agreement

1.5. Period of Operation 1.6. Agreement Freely Reached

1.7. No Disadvantage

1.8. No Precedent

2. OPERATIONAL MATTERS 2.1. General & Specific Objectives of this Agreement

2.2. Integrated Management System 2.3. Non-permanent Employees

2.4. Preference for Internal Recruitment

2.5. Agreement to be Displayed 2.6. New Employees to be Informed of Terms of Agreement

( 3. CONTRACT OF EMPLOYMENT

3.1. Contract of Service 3.2. Contact Information 3.3. Induction 3.4. Probationary Period

3.5. Duties of Employee 3.6. Casual Employment

3.7. Casuals to Toll Permanent Employees 3.8. Part-time Employment

3.9. Abandonment of Employment

3.10. Transfers 3.11. Redundancy

4. HOURS OF WORK

4.1. Hours 4.2. Flexible Commencement Times

4.3. Flexible Working Arrangements 4.4. Meal Breaks

4.5. Overtime 4.6. Rostered Days Off (ROO's)

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5. RATES OF PAY 5.1. Wages and Allowances

5.2. Pallet Deliveries 5.3. First Aid Allowance

5.4. Special Rates 5.5. Cash Handling Allowance

5.6. Meal Allowance

5.7. Hourly Rate 5.8. Wage and Allowances Escalation

5.9. Payment of Wages


6. PROVISION AND FACILITIES

6.1. Shift work

6.2. Required Documentation 6.3. Hand Held Units 6.4. Product and Equipment Responsibility

6.5. Cleanliness of Vehicles and Equipment

6.6. Articles of Clothing 6.7. Licenses, Certificates, Authorities and Permits 6.8. Load Compilations and Pallet Makeup

6.9. Medical Checks

7. LEAVE 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. 7.7.

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Annual Leave Sick Leave Carer's Leave Public Holidays Compassionate and Bereavement Leave

Parental Leave

Long Service Leave

8. DISPUTE RESOLUTION 8.1. Grievance Procedure 8.2. Employee/Employer Dispute Settlement Procedure

8.3. Disciplinary Code

9. SAFETY AND TRAINING

9.1. Training 9.2. Occupational Health and Safety

10. SUPERANNUATION

11. INCOME PROTECTION

12. DRUG & ALCOHOL POLICY

13. SIGNATORIES

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Page 1 of 33

1. AGREEMENT STRUCTURE

1.1. Title

This agreement shall be known as the Toll Logistics - Contract Logistics Division, Western Australia and Subsidiary Enterprise Agreement 2008 ("Agreement").

1.2. Definitions

1.2.1. Where the terms set out in the table below are used in this Agreement, they have the

corresponding meaning.

Term Definition

Act Workplace Relations Act 1996 (Cth)

Company Toll Transport Ply Limited (ACN 006 604 191) (trading as Toll Logistics, Contract Logistics Division)

Commission The Australian Industrial Relations Commission

Company's Employees who are engaged:

• To work from its CCA Kewdale or subsidiary base; Employees • As truck drivers;

• In the performance of the Company's Western Australian Coca-Cola and Subsidiary Contract.

Integrated The system designed to manage safety, quality and

Management environmental risks.

System (IMS)

Payment

The payment the Company is required to make in accordance

with Schedule 2 of this Agreement.

A circumstance where the Company decides that it no longer

Redundancy requires the collection of tasks associated with a particular position to be performed by an Employee in that position.

( ' The transfer, transmission, conveyance, assignment or

Transmission of succession, whether by agreement or by operation of law, of

Business the whole or any part of the Company's business, undertaking or establishment to which this Agreement applies.

An Employee who becomes an employee of a successor,

because of a Transmission of Business, to the whole or part of

Transferred the Company's business.

Employee An Employee is a Transferred Employee even if that

Employee's employment terminated before a Transmission of Business occurred.

Union Transport Worker's Union of Australia.


Page 2 of 33

1.3. Scope of the Agreement

1.3.1. Toll Contract Logistics- Coca-Cola Western Australia is a Distribution facility and has

attached to it satellite sites which conduct similar operations. The business is a multi site operation with varied terms of contract with the customer. Toll manages the distribution of all products as required between the Company and Coca-Cola Amatil Western Australia. Specific work requirements are set out in Personnel Job Descriptions.

1.4. Parties to the Agreement

1.4.1. The parties to this Agreement are:

1.4.1.1. Toll Transport Ply Limited (ACN 006 604 191) (trading as Toll Logistics,

Contract Logistics Division) ("Company");

1.4.1.2. The Transport Workers' Union of Australia ("Union"); and

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1.4.1.3. The Employees covered by this Agreement (referred to collectively as "the Parties").

1.5. Period of Operation

1.5.1. This Agreement shall come into force from the commencement of the first full pay

period after the date on which this Agreement is lodged, and it shall expire on the 1'' September 2011 which represents the nearest review period.

1.6.

1.6.1.

1.7.

1.7.1.

( 1.7.2.

Agreement Freely Reached This Agreement was freely entered into by the Parties and does not result from any

duress.

No Disadvantage

This Agreement shall not operate so as to cause any Employee to suffer an overall reduction in rates and conditions by comparison to the overall rates and conditions

provided for in the Award. Nothing contained herein shall allow the Company to reduce the wages or conditions

of an Employee which prevailed prior to entering this Agreement, except where provided by this Agreement.

1.8. No Precedent

1.8.1. No part of this Agreement shall be used as a precedent by either party in any other

negotiations or proceedings with the Company or any other Employer.


Page 3 of 33

2. OPERATIONAL MATTERS

2.1. General and Specific Objectives of this Agreement

2.1.1. General objectives of this Agreement are to:

2.1.1.1. Assist the Company to operate its business flexibly so that it can be

responsive to constantly changing customer and marketplace requirements;

2.1.1.2. Continue to foster a cooperative approach to work so that the needs of the

Company's customers and shareholders are met;

2.1.1.3. Develop a highly motivated, multi-skilled, flexible and adaptable workforce;

2.1.1.4. Continue to foster cooperation in a climate of consultation (not confrontation) through the recognition of the needs and concerns of all

( I Employees;

2.1.1.5. Remove inefficient work practices and processes in all areas of the

Company's operations to ensure flexible, timely and reliable delivery of services to the Company's and to CCA customers;

2.1.1.6. Ensure Employees total commitment to Contract Logistics Division's

Business Risk Management System and;

2.1.1.7. Ensure the Parties and the Employees commitment to absolute

compliance with health, safety and environmental objectives, targets and legislative requirements.

2.1.2. Specific objectives of this Agreement are to:

2.1.2.1. Compliance to Integrated Management System;

2.1.2.2. Corrective Actions/Hazard Notices to be raised (service failures, damages, equipment failure, improvement opportunity etc);

( 2.1.2.3. Participation in Training;

2.1.2.4. Nil Lost Time Injuries;

2.1.2.5. Meeting trip times within business rules;

2.1.2.6. Compliance to set and agreed delivery instructions;

2.1.2.7. Reporting delays outside the agreed parameters; and

2.1.2.8. Documenting any damages received at the sites, including type of

damage.

2.1.3. Specific KPI's agreed as part of this Agreement;

2.1.3.1. KPI target measure;

2.1.3.2. Reduce motor vehicle accident cost I at fault accidents;

2.1.3.3. MVA frequency rate nil at fault events;


Page 4 of 33

2.1.3.4. Run sheet compliance 100% complete I accurate

2.1.3.5. Mobile data compliance 100% key in full on time (based on functional

terminals);

2.1.3.6. Customer damages- nil at fault events; and

2.1.3.7. Pallet control nil losses (100 document control).

2.2. Integrated Management System

2.2.1. The Parties and the Employees acknowledge the importance of:

2.2.1.1. Meeting the service expectations of the Company's customers, both

present and future; and

2.2.1.2. Implementing the Integrated Management System.

2.2.2. Each Employee must:

( 2.2.2.1. Provide such assistance as the Company may reasonably require to

facilitate the compliance of the policies and procedures necessary for the Company to achieve certification to AS/NZS 4801:2001, AS/NZS ISO

9001:2000; HACCP, Integrated Management System; and

2.2.2.2. Accept personal responsibility for his or her role in each job-specific

procedure.

2.3.

2.3.1.

2.4.

2.4.1.

2.4.2. ''

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2.4.3.

Non-permanent Employees The Company may engage temporary or casual employees or independent

contractors to respond to its customer service requirements. Preference for Internal Recruitment

The Company must ensure that the Employees have a reasonable opportunity to be aware of, and to apply for, any promotional position for which there is a vacancy.

The Company will advertise the vacancy and seek applicants from outside the Company.

Where possible within reason, the Company will prefer Employee candidates for the promotional position.

2.5. Agreement to be Displayed

2.5.1. The Company must ensure that copies of this Agreement are displayed in a

prominent place in the workplace.

2.6. New Employees to be Informed of Terms of Agreement

2.6.1. The Company must not offer employment to applicants for employment without

having first advised the applicant of the existence of this Agreement.


Page 5 of 33

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and up to the completion of 3 years

2 weeks

3 years and up to the completion of 5 years

3 weeks

5 years and over

4 weeks

3. CONTRACT OF EMPLOYMENT

3.1. Contract of Service

3.1.1. The Company shall definitely state to an Employee at the time of engagement

whether such engagement is full-time, part-time or casual. Failing such statement, the Employee shall be deemed to be engaged on a full-time basis.

3.1.2. Weekly Employment- Notice of Termination by Employer

3.1.2.1. In order to terminate the employment of an Employee (other than a casual

Employee) the Company shall give to the Employee the following notice: r' \ I

3.1.2.2. In addition to the notice provided in 3.1.2.1 Employees over 45 year of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

3.1.2.3. Payment in lieu of the notice prescribed in 3.1.2.1 and if 3.1.2.2 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 providing part payment in lieu thereof.

3.1.2.4. In calculating any payment in lieu of notice the wages an Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated shall

( be used.

3.1.2.5. Summary Dismissal

The Company has the right to dismiss any Employee without notice for serious misconduct and in such cases any entitlements under this Agreement are to be paid up to the time of dismissal only. The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including serious misconduct or gross neglect of the Employee's duties, (in which case the wages shall be paid up to the time of dismissal only).

3.1.2.6. The Company may terminate an Employee's employment for reasons

including but not limited to:

3.1.2.6.1. Neglect of duty;

3.1.2.6.2. Repeated failure to perform duties to the standard the Company requires;


Page 6 of 33

3.1.2.6.3. Failure to follow reasonable directions of the supervisor or

manager;

3.1.2.6.4. Dishonesty;

3.1.2.6.5. Violent behaviour;

3.1.2.6.6. Conviction of a crime relevant to the Employee's employment

or duties;

3.1.2.6.7. Breach of occupational health and safety obligations (including the obligation not to endanger the health and safety of other Employees); and

3.1.2.6.8. Presenting for work impaired by drugs or alcohol. Refer to Schedule 1 -Drug and Alcohol Policy.

3.1.2.7. Termination of an Employee's employment shall not be harsh, unjust or unreasonable.

3.1.3. Weekly Employment- Notice of Termination by Employee

( 3.1.3.1. The notice 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. Provided that the Company and Employee may agree to a lesser notice period to suit individual circumstances.

3.1.3.2. If an Employee fails to give the notice specified in the Act, then the

Company may withhold monies otherwise due to the Employee equal to the Safety Net payment the Employee would have been entitled to receive had the Employee attended for work for the balance of the period of notice.

3.1.4. The Company may direct an Employee to carry out such duties as are within the limits

of the Employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote deskilling.

3.1.5. The Company may direct an Employee to carry out such duties and use such tools

and equipment as may be required, provided that the Employee has been trained in the use of such tools and equipment.

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3.1.6. Any direction issued by the Company pursuant to 3.1.4 and 3.1.5 shall be consistent

with the Company's responsibilities to provide a safe and healthy working environment.

3.2. Contact Information

3.2.1. Each Employee must ensure that the Company has been advised of the Employee's

current residential address and telephone number.

3.2.2. Each Employee must immediately inform the Company of any change to the

Employee's residential address or telephone number.

3.2.3. The Company will provide all Employees with the mobile telephone numbers of the

relevant Company representatives to enable the Employees to comply with Clause 7.2.2.


Page 7 of 33

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3.3. Induction

3.3.1. All Employees must attend the Company induction program upon commencement of their employment and a refresher course as and when the Company requires (normally every 12 months). Employees will be paid at the hourly rate.

3.4. Probationary Period

3.4.1. All Employees are subject to a three (3) month probationary period commencing on

the first day of the Employees employment with the Company, unless the Employee has already worked a minimum of three (3) months in the permanent role offered to that Employee, either as a casual or agency. In this situation, a probationary period

will not apply.

3.5. Duties of Employee

3.5.1. Each Employee must perform the duties set out in the relevant job description,

( i including any other additional or incidental duties that the Company may require from time to time.

3.5.2. The Company must not require an Employee to perform any task, which the

Employee cannot perform safely.

3.5.3. The Company may require an Employee to undertake training in any task relevant to

driver's duties.

3.5.4. The duties referred to in clause 3.5.1 may include work in both higher and lower classifications. If an Employee is required to perform work from a higher classification, then the Company will apply the rate applicable to the higher classification as the 'Minimum Rate', as per this Agreement.

3.6. Casual Employment

3.6.1. A casual employee is an employee who is employed on the basis that:

3.6.1.1. The employment is casual;

3.6.1.2. There is no entitlement to paid leave, except Bereavement Leave, and '

3.6.1.3. The individual is informed of those conditions of employment before they

are engaged.

3.6.2. The Company shall wherever practicable notify a casual Employee if services are not required the next working day.

3.6.3. A Casual Employee while working ordinary hours shall be paid on an hourly basis one

thirty-eighth of the appropriate weekly wage rate prescribed by the Agreement, plus

25% of ordinary time earnings for the work performed. A minimum payment of four

hours pay is to be paid.

3.6.4. In addition to normal overtime rates a casual Employee while working overtime or outside of ordinary hours, shall be paid on an hourly basis on thirty-eighth of the appropriate weekly wage rate prescribed by the Agreement, plus 10% ordinary time earnings for the work performed.

3.6.5. All Toll casuals will be provided an option to go onto incentive rate payments the

same as fulltime employees, when transferring onto Toll casual employment.

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3.7. Casuals to Toll Permanent Employees

3.7.1. Future Agency Employees that have had three (3) full months continuous work with a

minimum of thirty-eight (38) hours per week at the Toii/CCA business will be transferred from the Agency payroll to Toll casual payroll, dependant on meeting the Toll recruitment requirements.

3.8. Part-time Employment

3.8.1. A part-time Employee is a weekly Employee who is required to work less than thirty

eight (38) ordinary hours per week.

3.8.2. Before commencing part-time employment, the Employee and the Company must

agree upon:

3.8.2.1. The usual hours to be worked by the Employee, the regular days upon which they will be worked and the expected commencing and finishing

( ' times.

3.8.3. Except as otherwise provided in this Agreement, a part-time Employee is entitled to

be paid for the hours agreed upon in accordance with 3.8.2.1.

3.8.4. Additional hours to those specified in 3.8.2 may be worked by Agreement.

3.8.5. A part-time Employee shall be paid the rates prescribed in 5.1 - Wages and

Allowances for the classification in which the Employee is engaged. Furthermore a

part-time Employee shall receive a minimum payment of four hours each day

engaged.

3.8.6. Part-time Employees may be offered additional work up to thirty-eight (38) hours per week at ordinary pay.

3.8.7. Overtime rates are to be paid after completing the number of ordinary hours for a full

time Employee on any one day or after thirty-eight (38) hours in any one week or outside the spread of hours as defined in 4.1 - Hours.

3.8.8. The terms of this Agreement shall apply pro rata to part-time Employees on the basis that ordinary weekly hours for full-time Employees are 38.

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3.9. Abandonment of Employment

3.9.1. An Employee who, without giving the Company prior notice, fails to present for work for three (3) consecutive working days, abandons the Employee's employment without a reasonable and acceptable explanation.

3.10. Transfers

3.10.1. The Company may require an Employee to transfer, on a temporary or permanent

basis, to any other location of the Company or within the Toll Group.

3.10.2. If the proposed transfer requires the Employee to transfer the Employees employment to a different employer, the Company may only require the Employee to accept that transfer if the Employees terms and conditions of employment after the transfer are,

taken as a whole, at least as generous to the Employee as the terms and conditions set out in this Agreement.

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3.10.3. Prior to reaching any final decision identifying which Employee is to be transferred,

the Company will consult with Employees to seek volunteers for the transfer.

3.10.4. The Company will reimburse an Employee who is required to use his or her own

vehicle to travel to another base, as part of temporary transfer, at the applicable

Australian Tax Office kilometre rate, for use of their private vehicle.

3.10.5. The Company must not use its right to transfer an Employee as a disciplinary response.

3.10.6. The Company must advise the Consultative Committee ("Committee") of any decision

to permanently transfer an Employee to another base.

3.11. Redundancy

3.11.1. Discussions before Terminations

3.11.1.1. Where the Company has made a definite decision that the Company no

longer wishes the job the Employee has been doing done by anyone and

( ' this is not due to the ordinary and customary turnover of labour and that

decision may lead to termination of employment, the Company shall hold discussions with the Employees directly affected and with the TWU.

3.11.1.2. As soon as reasonably practicable after the Company has made a definite

decision that would invoke the provisions of 3.11.1.1 the matters to be discussed are:

3.11.1.2.1. Any reasons for the proposed terminations;

3.11.1.2.2. The likely effects of the action or the redundancy in respect of

the Employee; and

3.11.1.2.3. Measures that may be taken by the Employee or the

Company to avoid or minimise a significant effect.

3.11.1.3. For the purpose of the discussion the Company shall, as soon as

practicable, provide in writing to the Employees concerned and the TWU, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected and the number of Employees normally employed and the period over which the terminations are likely to be carried out.

3.11.1.4. Provided that the Company shall not be required to disclose information

the disclosure that may seriously harm the Company's interest in carrying on, or disposition of the business undertaking.

3.11.2. Transfer to Lower Paid Duties

Where an Employee is transferred to lower paid duties for reasons set out in 3.1, the Employee shall be entitled to the same period of notice to transfer as they would have been entitled to if their employment had been terminated, and the Company may at the Company's option, make payment in lieu thereof an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

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3.11.3. Severance Pay

3.11.3.1. Subject to clause 3.11.3.2 below, if the Company makes an Employees position redundant, and the Employees employment is terminated because the Employees position was made redundant, then the Company must pay the Employee in accordance with clause 3.11.3.3 below.

3.11.3.2. The Company will not be required to make any of the payments set out in

clause 3.11.3.3 below if:

3.11.3.2.1. The Company offers the Employee alternative employment

within its business;

3.11.3.2.2. The Company obtains 'comparable' alternative employment

for the Employee i.e. travel, rates of pay, working conditions etc;

3.11.3.2.3. The Employees employment is transferred to a New Employer as a result of a transmission of the whole or part of

( the Company's business.

3.11.3.3. If the Company terminates an Employees employment in the circumstances described in clause 3.11.3.1 above, then the Company pay

to the Employee:

3.11.3.3.1. Payment for work performed up to the date on which the Employees employment terminates;

3.11.3.3.2. Where the Company gives less than the notice period

provided for in clause 3.1.2, payment in lieu of notice at the Minimum EBA Rate (excludes allowances) for any shortfall

between the amount of notice required by clause 3.1.2 and the amount of notice the Company gave;

3.11.3.3.3. Payment in lieu of unused annual leave;

3.11.3.3.4. Where the Employee meets the qualifying requirements, any amount for to which the Employee is entitled pursuant to the relevant Long Service Leave Act 1958 (WA);

( 3.11.3.3.5. Redundancy pay calculated according to 3 weeks for each

year of service to a maximum of 52 weeks.

3.11.3.4. In clause 3.11.3.3.2 above, "comparable alternative employment' includes

alternative employment;

3.11.3.4.1. On terms and conditions that, in total, are no less favourable

to the Employee than the terms and conditions that applied to the Employee before the Employees position became redundant;

3.11.3.4.2. Where the prospective employer recognises:

3.11.3.4.2.1. The unused entitlements the Employee

accrued with the Company; and

3.11.3.4.2.2. The Employees prior service with the Company

and treats that service as continuing with the

prospective employer.

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3.11.4. Employee Leaving During Notice

3.11.4.1. An Employee whose employment is terminated for reasons set out in

3.11.1.1 may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause

had they remained with the Company until the expiry of such notice.

3.11.4.2. Provided that in such circumstances the Employee shall not be entitled to

payment in lieu of notice.

3.11.5. Time Off During Notice Period

3.11.5.1. 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.

3.11.5.2. 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

( i proof of attendance at an interview or they shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

3.11.6. Notice to Centrelink

Where a decision has been made to terminate Employees in the circumstances

outlined in 3.11.1.1, the Company shall notify the Centrelink thereof as soon as

possible giving relevant information including the number and categories of the Employees likely to be affected and the period over which the terminations are intended to be carried out.

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4. HOURS OF WORK

4.1. Hours

4.1.1. The Parties agree that the starting times for Employees covered by this Agreement

shall be flexible. Each employee will, at the end of each day's work and prior to clocking off, report to the Operations Manager or nominee who will inform them of their required starting time for the following day. Under normal circumstances a fulltime day shift route driver will commence their scheduled route no later than 6.30am. A change to shifts requires a minimum 48 hours notice to Employees.

4.1.2. The Company can start Employees with notice before the end of the previous shift

without penalty rates applying provided that the start time is not outside of the spread

of hours.

4.2. Flexible Commencement Times

( ' 4.2.1. The Company may determine each Employees starting time for each shift.

4.2.2. At the end of each shift, each Employee must confer with the Company's Operations Manager or with a person nominated by the Company's Operations Manager, and be informed of the time at which the Company requires the Employee to commence the Employee's next shift.

4.2.3. The spread of hours between 5.30am and 6.30pm. The parties agree that the starting

times for the Employee covered by this Agreement shall be flexible and based within

a 24 hour time span.

4.3. Flexible Working Arrangements

4.3.1. In the event that CCA go to 7 days trading, the Company has the option in include 7-

day rostering by agreement between the Employer and the majority of Employees to suit the circumstances of the business.

4.3.2. Flexibility of 10 normal hours worked in one given day in a forty-hour week (i.e.

potential 4-day week). This is inclusive of 2 hours per week ROO accrual.

4.3.3. Requirement to work Saturday and Sunday if required at the appropriate penalty rates

on an initial voluntary basis. If the required numbers are not available, a roster

system will be employed.

4.3.4. Requirement to work Public Holidays if required at the appropriate penalty rates on an

initial voluntary basis. If the required numbers are not available, a roster system will

be employed.

4.3.5. The TWU will be advised of any changes to the flexible working arrangements

described in this clause.

4.4. Meal Breaks

4.4.1. The existing custom and practice of taking break during ordinary hours to meet

operational requirements shall continue to apply.

4.4.2. Employees are to take a meal break of not more than one hour within five and one

half hours of commencing ordinary hours.

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4.4.3. Continuous work and rest/meal breaks are to be in accordance with the Driver

Fatigue Regulations.

4.4.4. When an Employee is required by the Company for duty during any meal time

whereby their meal time is postponed for more than one half hour, they shall be paid

at overtime rates until they get their meal.

4.5. Overtime

4.5.1. All time worked:

4.5.1.1. Outside the ordinary hours of work prescribed for any day in 4.2.3 of this

Agreement shall stand alone and be paid at the rate of time and a half for the first two hours and double time thereafter in addition to the ordinary

weekly wage. Provided that all overtime worked on Saturday after 12 noon shall be paid for at the rate of double time;

4.5.1.2. An Employee required for work on a day other than their ordinary working day or recalled to work after leaving their employer's business premises

( ' shall be paid for a minimum of three hours work at the appropriate rate.

4.5.2. Notwithstanding anything contained in this Agreement:

4.5.2.1. The Company may require any Employee to work reasonable overtime at

overtime rates and such Employee shall work overtime in accordance with such requirements;

4.5.2.2. The TWU or any Employee covered by this Agreement shall not in any

way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the

requirements of this sub-clause.

4.5.3. When overtime work is necessary it shall, wherever reasonably practicable, be so

arranged that Employees have at least ten consecutive hours off duty between the work of successive days.

4.5.4. An Employee (other than a casual Employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of ordinary hours on the next day, that they have not at least ten consecutive hours off duty between those times, shall subject to this sub-clause, be released after completion of

( ' such overtime until they have had ten consecutive hours off duty without loss of pay

for ordinary working time occurring during such absence.

4.5.5. If, on the instruction of their Employer, such an Employee resumes or continues work

without having had such ten consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for

ordinary working time occurring during such absence.

4.5.6. The Company may reduce the minimum 10 hours break between the termination of work on one day and the commencement of work on the next day to an 8 hours minimum, if deemed safe to do so and by agreement with all parties.

4.6. Rostered Days Off ("ROO's")

4.6.1. Employee's participation in the Rostered Days Off (ROO's) programme is voluntary.

ROO's are to be taken to suit the needs of the business. ROO's shall not be taken in

the two (2) busiest months of the year determined by the business.

of 33


4.6.2. Employees are otherwise permitted to accumulate ROO's and provided a minimum bank of 5 days, remain available for Employer/Employee, allocation blocks of 5 days may be paid, at the rate of time and a half, through the payroll system. A maximum of

11 days paid out per annum. This provision shall only apply to all future accruals upon lodgement of this agreement. Prior accruals shall not form part of this provision.

4.6.3. These can be paid at any time during the year provided one week's notice of the

payment request is given.

4.6.4. The Company will allow more than 1 consecutive ROO as long as it does not impact

on the business and an experienced driver can be arranged as a replacement, if

required.

4.6.5. ROO's will not be unreasonably refused by Management.

( I

l.

Toil Logistics - Contract Logistics Division CCA Western Australia Enterprise Agreement 2008

Page 15 or 33

5. RATES OF PAY

5.1. Wages and Allowances

5.1.1. Route Deliveries

Loose cases in a flail load sequence (including out of sequence).

5.1.1.1. Metropolitan Route: $3.03 per drop and $0.25 per carton

5.1.1.2. City Route and Fremantle: $3.03 per drop and $0.32 per carton

5.1.1.3. Metropolitan Route (outer): areas outside the following boundaries will

attract a one off "out of area" payment of $31.20 per load in addition to the

nominal case rate in 1.1 above.

5.1.1.3.1.

( I 5.1.1.3.2.

5.1.1.3.3.

5.1.1.3.4.

Port Kennedy Drive to the south;

Canning Dam Road to the south-east;

Hester Ave to the north;

Bullsbrook to the north-east (including Bullsbrook);

5.1.1.3.5. The Lakes to the east; and

5.1.1.3.6. Garden Island is classed as outside the metropolitan area

5.1.1.4. Second Route Loads: to be allocated to DSO's before they leave on their

first load. Names to be placed on loads so as DSO's know what load, if any they are returning for. Second loads that have multiple delivery points will be paid at the rate in the table below per drop in addition to the pallet rate.

5.1.1.5. Route Deliveries over 35 calls: the drop rate increases as set out in the

table below. The case rate remains unchanged.

5.1.2. Offsiders

5.1.2.1. Offsiders will only be provided at Management's discretion. (

5.2. Pallet Deliveries

5.2.1. Pallet Delivery

All mechanically unloaded pallets of product (i.e. pallet trolley or forklift).

5.2.1.1. Where the load consists of only pallet deliveries: number of pallets

multiplied by pallet rate given in table below (8 pallet minimum).

5.2.1.2. Where the pallet deliveries form part of a combination with route deliveries: number of pallets multiplied by pallet rate (no minimums apply) and in addition a drop rate given in table below will apply.


Page 16 of 33

Current

Effective first pay period

Sept '08

Effective first pay

period 2009

Effective first pay

period 2010

Effective first pay

period 2011

Cartons 151

$0.24

$0.25

$0.26

$0.27

$0.28

Drops 2nd

$2.91

$3.03

$3.15

$3.27

$3.40

Drops 151

$2.91

$3.03

$3.15

$3.27

$3.40

Pallets

$7.40

$7.70

$8.00

$8.32

$8.66

Cartons 2nd

$0.38

$0.40

$0.41

$0.43

$0.45

City Carton

$0.30

$0.32

$0.33 $0.34 $0.36

>35 Drops

$1.69

$1.76

$1.83

$1.90

$1.98

Manual Pallets

$11.74

$12.21

$12.70

$13.21

$13.73

5.2.2. Manual Pallet Delivery: all hand unloaded pallet deliveries where the cartons have

been repacked onto a separate pallet or pallets.

5.2.2.1. Manual pallet rate provided in table below: no minimum in addition the

drop rate given in the table below will apply. ( I

5.3. First Aid Allowance

5.3.1. An Employee holding a current first aid qualification from St John Ambulance or

similar body and appointed by the Company to perform first-aid duty shall be paid $10.00 in addition to wages for any week so appointed. The Company will reimburse

the cost of fees for any courses necessary for any Employee covered by this clause to obtain, and maintain current, the appropriate first-aid qualification.

5.4. Special Rates

( I 5.4.1. Loading allowance for the first 45 minutes to be included in the delivery rates for all

deliveries after the first route.

5.4.2. Downtime payments will be made at the EBA hourly rate, subject to the conditions currently in place, i.e. loading times in excess of 45 minutes, HHT failures, accidents,

breakdowns etc.

5.4.3. Excess time if applicable to be submitted for consideration of payment at the

appropriate hourly rate.

5.5. Cash Handling Allowance

5.5.1. If an Employee is required to collect any money for and on behalf of Coca-Cola Amatil

the Employee shall:

5.5.1.1. Be paid a cash handling allowance of $4.08 working per day;

5.5.1.2. Take responsibility that the correct monies are collected;

5.5.1.3. Return the correct amount of monies collected to Coca-Cola Amatil at the conclusion of each day's work; and


Page 17 of 33

5.5.1.4. Place monies collected in vehicle safe.

5.5.2. The Company may require an Employee to account for any cash settlement from the

previous loads. The Company will require the Employee to explain the discrepancy. The Company and the Employee will subsequently determine the course of action to recover monies prior to performing his or her daily duties.

5.5.3. All Employees will be notified of the deductions. Any variations to the correct money

and/or cheques will be discussed with the Employee and the Company and the Employee will agree to the amount of weekly deduction.

5.5.4. If the amount exceeds $100.00 the Company will discuss with the Employee to

resolve and to recover in a time frame that is acceptable to both parties. The

Company must provide all relevant Coca-Cola documentation to substantiate the cash shortage and this will be presented to the Employee prior to the end of the next working day.

5.6. Meal Allowance

( 5.6.1. The Company must pay each Employee who is required to work more than two (2) hours beyond their normal shift, a meal allowance of $20.00.

5.6.2. The payment referred to in clause 5.6.1 is made in lieu of:

5.6.2.1. The paid crib-breaks provided for in clause 36.2 of the Award; and

5.6.2.2. The meal allowance payable in accordance with clause 36.3 of the Award.

5.7. Hourly Rate

5.7.1. Current rate is $19.8699 per hour.

5.7.2. Incentive payments will be measured on a daily basis.

5.7.3. All returns and/or non-delivered cartons will be deducted from the incentive

calculations if driver error is proved.

5.7.4. Reference to sub-clause 5.1:

5.7.4.1. The average cartons per drop to remain + or -2 cartons at 21 cartons per

drop e.g. 35 calls+ 735 cartons; and

5.7.4.2. This excludes country and city loads.

5.8. Wage and Allowances Escalation

5.8.1. Increases apply to all rates and allowances referred to in 5.1 Wages and Allowances.

5.8.2. Current Gross Weekly Wage: $755.06 ($19.8699/hour x 38 hours per week).

5.8.3. Effective first pay period September 2008: 4% increase.

5.8.4. Effective first pay period 2009: 4% increase.



of 33


5.8.7. Hourly rate increase:

Grade

(Toll WA Rate)

Current

Rate

Effective First Pay Period Sept2008 4.0% Base

Effective First Pay Period Jan 2009

4.0% Base


4.0% Base


4.0% Base

Grade 3/ oflsider hourly rate

$18.090

$19.6654

$20.4519

$21.2700

$22.1208

Grade 4 I hourly rate

$19.8699

$20.6647

$21.4913

$22.3509

$23.2449

Grade 6/ hourly rate

$20.4271

$21.2441

$22.0939

$22.9777

$23.8968

5.9. Payment of Wages

( ' Payments shall be paid weekly by means of Electronic Funds Transfer to the

Employees account with an approved Financial Institution.

( '

of 33


6. PROVISIONS AND FACILITIES

6.1. Shift Work

Refer to Award.

6.2. Required Documentation

6.2.1. The Company may require Employees to complete various documents in relation to

both the Company's instructions and procedures, and Coca-Cola Western Australia

and Subsidiary sites day to day needs.

6.2.2.

6.2.3.

( I 6.3.

6.3.1.

6.4.

6.4.1.

All documents are to be completed in accordance with the relevant Company or Coca-Cola Western Australia and Subsidiary site's procedures.

Management agrees to limit the amount of documentation as far as practicable.

Hand Held Units Toll to work with CCA in regards to providing ongoing training and technical support to resolve all Employees issues with the use of hand held units. Product & Equipment Responsibility Each Employee must ensure the security of, and maintain the integrity of, the product

in the Employees control and the equipment the Company provides. Each Employee

must take all reasonable measures to ensure the security and integrity of that product and equipment, including but not limited to: 6.4.1.1. Ensuring that cargo doors are closed and the cab locked when the vehicle

is unattended by the driver; 6.4.1.2. Taking care of product during handling to ensure that the product is not

damaged;

6.4.1.3. Taking reasonable care of the equipment the Company supplies to the Employee including:

( '

6.4.1.3.1. The trolley;

6.4.1.3.2. Mobile communications equipment;

6.4.1.3.3. Hand held terminal;

6.4.1.3.4. Environmental safety equipment; and

6.4.1.3.5. Any other equipment that the Employee is required to use to perform the Employee's duties.

6.4.1.4. To ensure the equipment is not damaged;

6.4.1.5. To ensure that the equipment is selected strictly in accordance with Coca

Cola Western Australia and Subsidiary's customer invoice.

6.4.2. If equipment supplied to an Employee by the Company is lost, stolen or damaged,

and that loss, theft or damage is caused by an Employee's negligence, then the Employee may be subject to disciplinary action in accordance with clause 8.3 -

Disciplinary Code.


Page 20 of33

6.5. Cleanliness of Vehicles and Equipment

6.5.1. All Employees are expected to take reasonable care to ensure that pallet bays and the vehicle cabin are kept in a clean and tidy condition for the purpose of conducting their daily duties and to ensure that the image of the business is maintained at its highest levels at all times.

6.5.2. Smoking in Company vehicles is prohibited.

6.5.3. Management have the right to inspect equipment to check cleanliness, condition and

overall truck appearance.

6.5.4. Failure to comply may result in disciplinary action as per clause 8.3.

6.6. Articles of Clothing

6.6.1. The Company will provide each Employee with a uniform, which must be worn and

( I maintained by the Employee in a reasonable state of repair.

6.6.2. The initial uniform issue will comprise the following:

6.6.2.1.

6.6.2.2.

6.6.2.3.

6.6.2.4.

Five (5) sets of trousers or shorts;

Five (5) shirts (short or long sleeved);

One (1) pullover or one (1) bomber jacket; and

One (1) pair safety boots to the value of $120.

6.6.3. The Company will supply each Employee, on an 'as needed' basis, with any safety equipment it requires an Employee to use.

6.6.4. The Company will re-issue uniforms on an as needs replacement basis.

6.6.5. Each Employee must present themselves for work in a clean uniform and well

groomed (neat hair with facial hair shaved or, if the Employee has a beard and/or moustache, with the beard and moustache neatly trimmed).

6.6.6. If an Employee, without a reasonable excuse, presents for work otherwise than in

( ' accordance with clause 6.6.5, then the Company may stand down the Employee without pay until the Employee complies with clause 6.6.5. The Company's refusal to allow the Employee to commence work and to require the Employee to take immediate remedial action will constitute part of the formal counselling of the Employee.

6.6.7. The Company must ensure that reasonable dressing room, locker, shower,

lunchroom and toilet facilities are available to the Employee.

6.7. Licenses, Certificates, Authorities and Permits

6.7.1. Each Employee must immediately notify the Company if their current drivers licence

or any other certificate or authority or permit to operate equipment relevant to their job is cancelled or suspended.

6.7.2. If the Employee is not able to legally complete their job, as a result of loss of the

Employees licence, certificate, authority or permit, then the Company will look for any alternate work, without creating a new role, prior to consideration of the Employees employment being terminated.


Page 21 of33

6.8. Load compilations and pallet makeup

6.8.1. Toll in conjunction with CCA commit to improving both load creation, route planning

and pallet make-up. This will require ongoing consultation with the DSO's.

6.9. Medical checks

6.9.1. The Company requiring Employees to undertake medical checks during a term of

employment or requiring persons seeking employment to undertake a medical check as part of an interview process, shall reimburse all medical costs not recoverable from a Health Fund by the Employee or persons seeking employment.

( I

( 1


Page 22 of33

7. LEAVE

7.1. Annual Leave

7.1.1. Except as hereinafter provided, an Employee (other than a casual Employee) is

entitled for each year of service, to four (4) consecutive weeks annual leave with payment of ordinary wages, as prescribed by this Agreement. Such entitlement shall accrue pro-rata on a weekly basis.

7.1.2. During a period of annual leave an Employee shall be paid a loading of 17.5%

calculated on their ordinary wage as prescribed.

7.1.3. The loading prescribed by this subclause shall not apply to proportionate leave on

termination.

7.1.4. The Parties acknowledge the seasonality of the CCA operations and the need for leave to be taken in operationally quiet periods.

( I 7.1.5. The four (4) weeks prior to New Years Day and the two (2) weeks prior to the

following Easter are specifically recognised as periods when leave would not normally

be granted.

7.1.6. The Company and Employees will make their best endeavours to roster annual leave

flexibly, so that the Company's operational requirements and each Employees urgent personal needs are accommodated.

7.1.7. Each Employee must take their accrued annual leave within twelve (12) months of the

date on which the Employees entitlement to that leave accrued.

7.1.8. If an Employee fails to comply with clause 7.1.7, the Company may:

7.1.8.1. Direct that Employee to take any overdue annual leave; and

7.1.8.2. Determine the timing of that period of annual leave.

7.1.9. If any Public Holiday falls within an Employees period of annual leave and is observed on a day which the case of that Employee would have been an ordinary working day,

there shall be added to that period one day being an ordinary working day for each ( ! holiday observed as aforesaid.

7.1.10. The provisions of this clause do not apply to Casual Employees.

7.2. Sick Leave

7.2.1. An Employee who is unable to attend or remain at their place of employment during

the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the provisions of this clause.

7.2.1.1. An Employee shall be entitled to ten (10) days paid sick leave in the first

year of service.

7.2.1.2. An Employee shall be entitled to ten (10) days paid sick leave in the second and subsequent years of service.

7.2.2. If an Employee is unfit for work and does not intend to present for work, then the

Employee must, as soon as practicable, and in any event at least one hour prior to the Employees scheduled commencement time, notify the Company of the

Employees intention not to present for work.

Toll Logistics- Contract Logistics Division

CCA Western Australia Enterprise Agreement 2008

7.2.3. The Company will provide all Employees with the mobile telephone numbers of the

Page 23 ol 33

relevant Company representatives to enable compliance with clause 7.2.2.

7.2.4. A Doctor's certificate or other proof to the satisfaction of the Company is required for

Employees that have two (2) days consecutive leave due to illness, or after Employees have had two (2) single days absence in any quarter (3 month period).

7.2.5. Where a pattern occurs in sick leave, the Union will be notified and management will

commence a counselling process. Employees may request independent representation to be present at counselling meetings.

7.2.6. Sick Leave "Incentive Scheme". All Employees must achieve a minimum bank of

fifteen (15) accrued days for the purpose of applying the incentive scheme.

7.2.6.1. An incentive payment based on ordinary time and a half rate of pay shall apply covering a maximum of eight (8) days for each eligible Employee from the prior twelve (12) months accrued sick leave. All prior accrued sick leave entitlements shall be corralled and are not eligible as part of this incentive offer.

( ! 7.2.6.2. The incentive will be paid at the Grade EBA Rate current at the time of

payment, in the last pay prior to Christmas.

7.2.6.3. The provisions of this clause do not apply to Casual Employees.

7.3. Carer's Leave

7.3.1. Employees covered by this Agreement shall be entitled to Carer's Leave in

accordance with Part 7 Division 5 of the Act. If the provisions of the act are met the employee is entitled to up to 2 days 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 because of: (a) a personal illness, or injury, of the

member; or (b) an unexpected emergency affecting the member.

7.4. Public Holidays

7.4.1. The following days, or the days observed in lieu shall, subject to this clause, be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday, ANZAC Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

( ' 7.4.1.1. Provided that another day may be taken as a public holiday by

arrangement between the Parties in lieu of any of the days named in this

subclause.

7.4.1.2. When any of the days mentioned in clause 7.4.1 falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when the Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday.

7.4.1.3. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

7.4.2. Subject to 7.4.3 all time worked on a public holiday prescribed in 7.4.1 shall be paid

for at the rate of double time and a half.

7.4.3. Where an Employee is required for duty on a public holiday they shall be paid for a

minimum of four (4) hours at the rate appropriate to the day.

7.4.3.1. When an Employee is on duty or is available for duty on the working day

immediately preceding a public holiday, or resumes duty or is available for


Page24 of 33

duty on the whole of the working day immediately following a public holiday, as prescribed in 7.4.1 they shall be paid for such holiday.

7.4.3.2. By Agreement in writing between any Employee and their Employer work

may be performed on any of the public holidays at time and a half in which case an additional day shall be added to the Annual Leave for each day so

worked.

7.5. Compassionate and Bereavement Leave

7.5.1. Employees covered by this Agreement shall be entitled to Compassionate and

Bereavement Leave in accordance with Part 7 Division 5 of the Act. If the provisions of the act are met the employee is entitled to a period of 2 days of compassionate &

bereavement leave for each occasion (a permissible occasion) when a member of the employee's immediate family, or a member of the employee's 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; or (c) dies. Toll will also allow the driver a further 3 days leave without pay or from accrued leave.

( I 7.6. Parental Leave

7.6.1. Employees covered by this Agreement shall be entitled to Parental Leave in

accordance with Part 7 Division 6 of the Act.

7.7. Long Service Leave

7.7.1. Employees covered by this Agreement shall be entitled to Long Service Leave in

accordance with the Long Service Leave Act 1958 (WA).

(


Page25 of 33

8. DISPUTE RESOLUTION

8.1. Grievance Procedure

8.1.1. The following procedure will apply when an individual Employee has a grievance

concerning the application of this Agreement:

8.1.1.1. The Employee must notify his/her immediate supervisor as to the substance of the grievance and indicate the remedy being sought;

8.1.1.2. The Employee and the Employee's supervisor must meet no later than the

working day following the Employee's notification;

8.1.1.3. If at the end of the meeting, the grievance remains unresolved, the Employee and the Company must holder further discussions on a graduated basis with a view to resolution at higher levels of authority;

8.1.1.4. Reasonable time limits must be allowed for discussion at each level of authority;

( I 8.1.1.5. If the matter remains unresolved at the conclusion of the discussions, the

Company must give a written response to the Employee's proposed remedy;

8.1.1.6. While the procedure is being followed, work shall continue as normal;

8.1.1.7. The Employee may have a delegate present during all discussions;

8.1.1.8. Each party to the grievance must bear their own costs including representation costs;

8.1.1.9. The grievance procedure is not to be used to resolve grievances about the Company's response to its concerns about the Employee performance or conduct.

8.2. Employee/Employer Dispute Settlement Procedure

8.2.1. Any dispute or grievance that arises at the workplace between an Employee(s) and the Company about the interpretation or application of this Agreement or in relation to any matters pertaining to the relationship of Employer and Employee must be dealt with in the following manner:

( 8.2.1.1. The matter must first be discussed by the aggrieved Employee(s) directly

with his or her or their immediate supervisor;

8.2.1.2. If the matter remains in dispute, it must next be discussed with the supervisor's immediate supervisor or another representative of the Company appointed for the purpose of this procedure. The TWU delegate for the worksite has the right to attend at and participate in this discussion as the representative of an Employee provided attend at and participate in this discussion as the representative of an Employee provided that the TWU delegate is the representative of the Employee's choice;

8.2.1.3. If the matter remains in dispute, it must next be discussed with the relevant manager of the Company. The relevant TWU State Secretary (or his/her nominee) has the right to attend at and participate in this discussion as the representalive of an Employee provided that the relevant TWU State Secretary is the representative of the Employee's choice;

8.2.1.4. If the matter remains in dispute, it must next be submitted to the Australian

Industrial Relations Commission (AIRC) for conciliation. For this purpose, it is agreed that the action the AIRC may take includes:

of 33


8.2.1.4.1. Arranging conferences of the Parties or their representatives

at which the AIRC is present; and

8.2.1.4.2. Arranging for the Parties or their representatives to confer

among themselves as conferences at which the AIRC is not present.

8.2.1.5. If the matter is not resolved in conciliation conducted by the AIRC, the Parties agree that the AIRC shall proceed to arbitrate the dispute and/or otheiWise determine the rights and/or obligations of the Parties to the dispute. In relation to such arbitration, the Parties agree that:

8.2.1.5.1. The AIRC may give all such directions and do all such things as are necessary for the just resolution of the dispute, including but not limited to those things set out in section 111(1) of the Workplace Relations Act 1996 (subject to

section 711(2) of that Act).

8.2.1.5.2. Before making a determination the AIRC will give the Parties an opportunity to be heard formally on the matter(s) in

dispute.

( l 8.2.1.5.3. In making its determination the AIRC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in conciliation.

8.2.1.6. The decision of the AIRC will be binding on the Parties subject to the following agreed matters:

8.2.1.6.1. There shall be a right of appeal to a Full Bench of the AIRC

against the decision, which must be exercised within twenty one (21) days of the decision being issued or within such

further time as the Full Bench may allow.

8.2.1.6.2. The appeal will be conducted in accordance with the legal principles applying to an appeal in the strict sense.

8.2.1.6.3. The Full Bench shall have the power to stay the decision

pending the hearing and determination of the appeal.

8.2.1.6.4. The decision of the Full Bench in the appeal will be binding upon the Parties.

8.2.2. Until the matter is resolved by Agreement, conciliation or arbitration, work will ( continue in accordance with the status quo. No party is to be prejudiced as to the

final settlement by the continuance of work in accordance with this procedure.

8.2.3. The Parties must co-operate to ensure that these procedures are carried out

expeditiously. The Parties undertake to resolve any disputes in a timely manner in

accordance with the Disputes Procedure.

8.3. Disciplinary Code

8.3.1. The Company may use a 'warning' system to respond to an Employee's misconduct

or inability to attain or maintain satisfactory work standards.

8.3.2. The Employee may request the presence of a wit6ness or a support person of their

choice (including either the TWU delegate or TWU official) during any meetings/interviews convened to respond to conduct or performance issues.

8.3.3. The Company will respond to misconduct or unsatisfactory work performance after

considering the relevant circumstances which may include:

of 33


8.3.3.1. The Employee's explanation of his or her misconduct or unsatisfactory

performance;

8.3.3.2. The seriousness of the misconduct or the extent of the unsatisfactory performance;

8.3.3.3. Any mitigating circumstances that the Employee identifies as having

caused or contributed to the misconduct or unsatisfactory performance; and

8.3.3.4. The Employee's employment history with the Company.

8.3.4. In disciplinary matters that do not involve an allegation that the Employee has

engaged in a serious misconduct or gross neglect of duty, the Company will follow the steps set out below:

8.3.4.1. Discussion between the Employee and the Employee's Supervisor:

8.3.4.1.1. The Employee and the Employee's Supervisor will discuss the conduct or performance issue;

8.3.4.1.2. The Supervisor must prepare a file note of the discussion; ( I

8.3.4.1.3. If the Supervisor and the Employee agree that the Supervisor's file note accurately reflects the content of their

discussion, then the Employee and the Supervisor must sign the file note to confirming its accuracy;

8.3.4.1.4. If the Employee disagrees with the accuracy of the Supervisor's file note, then the Employee must prepare, sign and hand to the Supervisor, a file note setting out the Employee's account of the discussion;

8.3.4.1.5. The Supervisor's file note and, if applicable, the Employee's file note must be placed on the Employee's file.

8.3.4.2. If the Company is satisfied that:

8.3.4.2.1. The conduct occurred; or

8.3.4.2.2. The Employee's performance is below the required standard;

Then the Company may issue a First Warning in writing. The Employee

must sign the First Warning to acknowledge having received it.


( 8.3.4.3.1. Further acceptable conduct, or a repeat of earlier

unacceptable conduct, has occurred; or

8.3.4.3.2. The Employee's performance remains, or is again, below the

required standard;

Then the Company may issue a Second Warning in writing. The Supervisor (or the Supervisor's nominee) and the Employee must sign the Second Warning acknowledging that it has been issued, in the presence of witnesses chosen by the Employee and the Company respectively.


8.3.4.4.1. Further unacceptable conduct, or a repeat of earlier unacceptable conduct, has occurred; or

8.3.4.4.2. The Employee's performance remains, or is again, below the required standard;

Then the Company may issue a Final Warning in writing. The Supervisor (or the Supervisor's nominee) and the Employee must sign the Final Warning acknowledging that it has been issued, in the presence of witnesses chosen by the Employee and the Company respectively.

of 33


8.3.4.5. If, after a Final Warning has been issued, the Company is satisfied that:

8.3.4.5.1. Further unacceptable conduct, or a repeat of earlier unacceptable conduct, has occurred; or

8.3.4.5.2. The Employee's performance remains, or is again, below the required standard;

Then the Company may terminate the Employees employment.

8.3.5. In disciplinary matters that involve an allegation that the Employee has engaged in serious misconduct or gross neglect of duty the Employee will be stood down on the applicable hourly rate pending further investigation.

( I

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9. SAFETY AND TRAINING

9.1. Training

9.1.1. The Company may require any Employee to participate in training in any task or tasks

regardless of the classification to which that task relates.

9.1.2. The Company is not obliged to train Employees beyond what is necessary to meet

the Company's business needs.

9.1.3. The Company may require the Committee to create to formal training schedule to be

implemented and updated as required within the scope of the Integrated Management System Program.

9.1.4. Training programmes will be delivered at such times as are necessary to ensure that the Company's business needs are met. However, if practicable, training

programmes will be delivered on weekdays. All time involved with training shall be

(1 paid at the appropriate rate of pay.

9.2. Occupational Health and Safety

9.2.1. The Parties are committed to ensuring a safe working environment for all Employees.

9.2.2. The Company and Employees must:

9.2.2.1. Comply with their obligations under the Occupational Health, Safety and

Welfare Regulations 1995; and

9.2.2.2. Participate fully and comply with the Toll Logistics - Contract Logistics

Division's Integrated Management System.

9.2.3. On commencement of employment, new Employees are to be inducted on health and

safety requirements by the elected Health and Safety Representatives.

9.2.4. Within the first twelve (12) months of the term of this Agreement the Company will

arrange for all Employees covered by this Agreement to have completed Blue Card (F1) Safety Course.

( ' 9.2.5. New Employees shall have completed the Blue Card (F1) Safety Course within the

first three (3) months of being employed.


Page 30 or 33

10. SUPERANNUATION

10.1. The Company must make contributions, with respect to all its Employees eligible under the Superannuation Guarantee (Administration) Act 1992 (Cth) to the TWU

Superannuation Fund. Employees can salary sacrifice income into the approved TWU Superannuation Fund.

( I

(


Page 31 of 33

11. INCOME PROTECTION

11.1. The Company agrees to enter into and keep an Income Protection Policy to cover

Employees covered by this Agreement.

( i

(


Page 32 of 33

12. DRUG AND ALCOHOL POLICY

12.1. All persons covered by this Agreement shall be bound and must adhere to the Toll

Contract Logistics- Drug and Alcohol Policy, Guidelines & Procedure.

( I

(


Page 33 of 33

13. SIGNATORIES

SIGNED for non behalf of Log::;.a. Division of Toll Trans !$ 604 191)·

David Lloyd - · Wrtness · · · CCA Western Australia Business Manager

Data

ot /o t Nama/,/.

2 liB Dater;

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CCA National Manager, Toll Logistics

Contracl Logistics Division

/ \NilflSSS

Name

Dale ·

SIGNED for and an behalf af UIB Transport Workem' Union of Austral/a:

Witness

(' Date

·,.

.

·'--'

L L.

Wrtne5s · --.1

Nama ·r\',1, \IW,,,;,)

,l -")-' Data

Date

'! !

toll logistics contract logistics division

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