Retention of wages and conditions of meatworkers in Coles

In order to retain the wages and conditions of workers in the meat departments in Coles (if Wesfarmers want a national agreement) the following are necessary. This log of claims was put to Coles at the meeting in June 2014.

AMIEU
Condition Retention Document

1.    The AMIEU will agree to the creation of a single meat department agreement applying nationally to all meat unit workers within Coles supermarkets throughout Australia.  The agreement will commence applying to all meat unit workers as their existing agreements reach their nominal expiry dates.  The AMIEU will agree to terminate all state based agreements as each one reaches its nominal expiry date.

2.    The title of the new agreement to be the Coles Supermarkets Meat Employee Agreement.

3.    Duration of the agreement to be 4 years.

4.    The agreement to cover the AMIEU, its officers and members and Coles Supermarkets Australia Pty ltd.  The agreement to apply to team members employed in meat departments in supermarkets operated by Coles throughout Australia.

5.    The agreement shall define a junior as meaning a team member who is under 20 years of age.  (all meat agreements)

6.    The agreement shall define a butcher as a team member engaged by the Company in the role of a butcher who has served a relevant apprenticeship or has at least four years’ experience in general butchering.  A butcher is engaged primarily to use trade skills but may be required to perform other duties relating to meat.  A butcher can agree to perform duties outside of the meat department subject to the other provisions of this agreement. (defined in claim 11)

7.    A packer / cabinet attendant shall be defined in accordance with the provisions of the SA meat agreement as an adult team member (not being a supermarket butcher) who is employed in a supermarket in:

  • The wrapping, weighing, pricing, packaging and packing uncooked meat whether manually or by means of machinery;
  • The provision of customer service (including but not limited to providing advice to customers on products and nutritional information); and
  • Who may also be employed in the replenishing of display or storage cabinets or work associated therewith.

A packer / cabinet attendant may be a junior team member subject to the other provisions of this agreement however they shall be paid the adult rate if the normal adult is on leave in excess of one week and is not replaced.  Junior Cabinet attendants in Victoria shall be paid 100% of the Cabinet attendants’ rate of pay.  (Incorporates clauses 4.1.1 (d) and (e) of the Vic meat agreement)

8.    The agreement is to define a “meat trades assistant” in accordance with clause 1.6.9 of the WA agreement as follows;

Meat Trades Assistant

(a) Means a team member who is appointed into this position and is engaged to perform the work as prescribed by the relevant competencies within Certificate I and II Meat Retailing, as described by the National Industry Standards.
(b) If a team member is required to operate machinery (excluding the mincing of meat products) they must be under direct supervision of a competent trades’ person.
(c) The Company will ensure that all team members who wish to enter into Certificate II training can continue the relevant training to obtain a trade qualification in butchery (meat retailing), subject to the team members’ performance and the Company having the capacity to fulfil the apprenticeship requirements.
(d) The introduction of this classification will not result in any meat room team member being displaced or made redundant. Butchers or team members with trade qualifications will remain in the majority in supermarkets (relative to Meat Trades Assistants) to perform the work as prescribed under the trade qualifications. This classification has been agreed upon to ensure the survival of the trade by the introduction of a two-pathway system to achieve a trade qualification.
(e)  Trade qualifications will remain in the majority in supermarkets (relative to Meat Trades Assistants) to perform the work as prescribed under the trade qualifications. This classification has been agreed upon to ensure the survival of the trade by the introduction of a two-pathway system to achieve a trade qualification.

The AMIEU is not opposed however to renaming this classification ‘Skilled Non-Tradesperson” (Meat)

9.    The agreement is to define a “relief butcher” in accordance with clause 5.1.1 of the NSW agreement as follows;
Relief Butchers, may be engaged on a permanent or casual basis to work over the full cycle of the roster, including weekend work, to primarily replace other Butchers who are on leave or where required in stores which have labour shortages. Existing Butchers are eligible to apply for a Relief Butcher position should they wish to do so.

Relief Butchers will be engaged on the following basis:

(a)  A Relief Butcher may be used on a short-term basis (i.e., up to two (2) months) to work in a store which is in the process of recruiting a permanent Butcher.
(b)  In the event that a Relief Butcher is used to permanently replace a Butcher who has resigned then they will no longer be classified as a Relief Butcher.
(c)  Relief Butchers must have the ability to travel to different stores i.e. hold a licence, be able to access public transport or alternative means of transport.
(d) Relief Butchers will be engaged at a base store. These meat team members may be directed to work at any store within a 15 km radius of the base store. No travel allowance or travel time will be paid for this travel.
(e) If a meat team member is directed to go to another store halfway through a shift then travel allowance and travel time will be paid.
(f) By agreement, a meat team member may work at another store beyond the 15 km radius. The meat team member would be paid for travel time/allowance for any travel beyond the 15 km radius. 

10.    The agreement is to define an “advanced meat tradesperson” in accordance with clause 4.10 of the NSW agreement as follows;
Advanced Meat Tradesperson is a Trades meat team member who has advanced skills and knowledge gained by the completion of a relevant Post-Trade or Advanced Trade Certificate. Where a meat team member would like to commence the relevant training to gain this qualification, the agreement of the Company is required. 

11.    The agreement is to define a “duty manager” in accordance with clause 1.6.5 of the SA agreement as follows;

“Duty Manager” shall mean a meat department team member nominated by the Meat Manager to take responsibility for the general running and upkeep of the Meat department for a shift or more when the Meat Manager is absent.
A duty manager performs work above and beyond the skills of a butcher or packer and:

(i)    Works from complex instructions and procedures and may be required to implement all standard operating procedures relating to the management of shifts of work.
(ii)    Is able to provide training for team members within their workplace on skills development and workplace health and safety matters.
(iii)    Is able to co-ordinate work in a team environment.
(iv)    Is responsible for assuring the quality and service of the work of others.
(v)    Is able to exercise good interpersonal and communication skills in dealing with customers and team members.

Performs lower level tasks incidental to their work, or performs work which while primarily the peripheral to the primary task, facilitates the completion of the whole task.  Such incidental or peripheral work would not require additional formal technical training.

12.    The agreement is to define ‘voluntary’ and ‘agreement’ wherever appearing and where it is in reference to team members entering into agreements with the Company. This shall be in accordance with clause 1.6.6 of the SA agreement.

“Voluntary” (or agreement) means, following an offer being made by the Company to a team member that team member has had the conditions of the Agreement explained to them, they understand the conditions and have had the opportunity to seek and/or receive advice and the team member is not coerced in reaching any agreement with the Company wherever agreed arrangements are allowed by the various provisions of this agreement.

13.    Flexibility of work is to be in accordance with the SA agreement clause 4.4.

Under exceptional circumstances (as defined), a Packer/Cabinet Attendant may be required to work in the deli department, fruit and vegetable department, the bakery department and by agreement (in accordance with claim 11) the dairy department.

Where this occurs, the team member shall be paid the hourly rate applicable to the relevant classification or the Packer/Cabinet Attendants rate, whichever is the greater, for each hour so employed.

Packers/Cabinet Attendants may not be rostered outside the meat unit. 

‘Exceptional circumstances’ for the purpose of this clause shall include, but is not limited to helping to clear build-ups of customers and in situations where another department’s rostered hours are, unexpectedly, unable to be fulfilled and would be of detriment to customers.

Team members shall have the flexibility to perform additional duties outside the Meat department on a voluntary basis, in addition to, but not to the detriment of the Meat department operation. Such hours are to be paid at Service Assistant rates or Meat department rates, whichever is the greater.

14.    Adult apprentices shall be recognised at 20 years of age.  (all meat agreements)  Agrees with Coles claim 3.

15.    Coles claim 6 first sentence is agreed (transitional rates for butchers, meat managers and meat trades assistants).  Update skilled non-tradesperson in accordance with AMIEU claim 8.

16.    Recognise Advanced Meat tradesperson in NSW (only) at the rate of 105% of the butchers’ rate.  (NSW agreement)

17.    By the expiry of the agreement, align existing wage rates for packer / cabinet attendants in Qld, NT, WA, SA, Vic and Tas to the NSW/ACT rates.

18.    Coles claim 17 with respect to WA cleaners is agreed.

19.    The wage rates for un-apprenticed juniors shall be the following percentage of the Packer / Cabinet Attendant rate:

Age Percentage
Under 17 years of age 50%
17 to 18 years of age 60%
18 to 19 years of age 75%
19 to 20 years of age 85%
20 years of age 100% (all meat agreements)

20.    Where made available by the applicable State Training Authority, apprentices engaged on a three-year apprenticeship, shall be paid the following percentage of the Butcher rate:

Year of Apprenticeship Percentage
First year 75%
Second year 90%
Third year 95%

This sub-clause will not apply to a team member who has already commenced a four-year apprenticeship.  Anyone currently on a 4 year apprenticeship will continue with the existing percentages relevant to a 4 year apprenticeship that are specified within the current meat agreements.  (All meat agreements)

21.    New adult apprentices (aged 20 years and over) shall be paid the second year apprentice rate for the first two years. This is provided that no adult apprentice shall receive less than the Federal Minimum Wage (as adjusted).  (all meat agreements)

22.    Where an existing Packer/Cabinet Attendant commences an apprenticeship they shall remain on their current base rate of pay (including any applicable increases that apply) for the Cabinet Attendant/Packer classification as outlined in this Agreement until the apprentice rate of pay catches up.  (all meat agreements)

23.    The ratio of apprentices and juniors on probation in any establishment shall be calculated in accordance with the SA agreement clause 4.6;

The number of apprentices and juniors on probation in any establishment shall not exceed one to two or fraction of two butchers employed by the same Company in the establishment. Provided that in any establishment where three butchers are employed by the same Company in the same establishment and where an apprentice has completed his third year of service, the appropriate State Apprenticeship body shall have the power to grant the Company the right to engage an additional apprentice.

24.    In the state of Western Australia the employees receiving ‘saved’ second in charge rates will continue to receive those rates as prescribed by the WA agreement in clause 3.4.  In the state of New South Wales the employees receiving ‘saved’ second in charge rates will continue to receive those rates as prescribed by the NSW/ACT agreement in appendix D clause 1.6.  In the state of Victoria the employees receiving ‘saved’ second in charge rates will continue to receive those rates as prescribed by the Vic agreement in clause 4.1.3 (c).  In the state of Queensland the employees receiving ‘saved’ second in charge rates will continue to receive those rates as prescribed by the existing Retail agreement.

25.    Casual loading to be 25%.  (Vic and some ‘saved’ employees)

26.    The definition of  “ordinary time earnings” shall be as per clause 1.6.11 of the Victorian agreement as follows;
Means each team member before going on leave shall be paid the amount of wages he/she would have received in respect of rostered hours which he/she would have worked had he/she not been on leave during the relevant period due to him/her for the period for which he/she is entitled to leave. Such payment for leave shall not be less than the average of all earnings, including any penalties but excluding overtime and locality loadings, earned within rostered hours during the period for which the annual leave accrued.

27.    Full time team members may be employed for no less than 6 hours on any day. (NSW)

28.    Minimum engagement for casual team members to be no less than 3 hours per day.  (SA, WA, Tas, Vic)

29.    Minimum engagement for part time team members to be no less than 4 hours per day.  (NSW)

30.    Minimum engagement for part time team members to be no less than 48 hours month.  (SA, NSW, Vic)

31.    Maximum monthly engagement for part time team members to be no more than 128 hours per month. (Vic)

32.    Full time and part time team members may be rostered on duty for up to 10 hours plus meal breaks on any 2 days of the week and up to 9 hours plus meal breaks on any other day of the week.  (SA, Vic, Tas)

33.    The maximum number of hours per week for a part time or casual team member shall be 38.  (SA, WA, Tas, NSW, Vic)

34.    The maximum number of starts per month shall be 19.  (SA, Vic)

35.    The NSW employees receiving ‘saved’ RDO entitlements shall continue to receive those entitlements.  (NSW Appendix D 1.3)

36.    Rosters are to be arranged so that full-time and part-time team members are granted two consecutive days off per fortnight. (SA, WA, Tas, NSW)

37.    Full time and part time team members who are rostered to work on two Sundays per four week cycle as part of ordinary hours shall be entitled to have 2 clear weekends off in that four week cycle, one of those weekends shall include their 20th day off (where applicable) i.e., 3 consecutive days off (unpaid).  (SA, NSW)

38.    Full time and part time team members who are rostered to work on one Sunday per four-week cycle as part of ordinary hours shall be entitled to have 2 clear weekends off in that four-week cycle. Where this occurs there is no requirement to have the 20th day off (where applicable) in conjunction with one of the weekends.  (SA)

39.    Unless otherwise agreed, a full-time or part-time team member shall not be required to work more than two Saturdays and or two Sundays in each four week cycle. (All meat agreements)

40.    Team members rostered to work on Sunday as part of ordinary hours shall be paid at double time for any such ordinary hours of work performed on Sunday.  (SA, Vic)

41.    Team members rostered to work on Saturday as part of ordinary hours shall be paid at time and three quarters for any such ordinary hours of work performed on Saturday. (Vic)

42.    Ordinary hours may be worked from 5 am on Mondays.  (All meat agreements)

43.    Ordinary hours may be worked from 6 am Tuesdays to Fridays.  (SA)

44.    Ordinary hours may be worked from 6am Saturdays. (SA)

45.    Ordinary hours may be worked from 7 am on Sundays.  (SA)

46.    The latest finish time for ordinary hours worked between Monday to Friday shall be 9 pm.  (SA, WA)

47.    The latest finish time for ordinary hours on Saturdays and Sundays shall be 6 pm.  (WA)

48.    For any work performed in ordinary hours between 7 pm and 9 pm Monday to Friday a 25% penalty shall apply.  (NSW)

49.    For any work performed outside the span of hours, overtime shall apply except when shift work is in operation.

50.    All ordinary hours worked on a Saturday shall be voluntary for weekly meat team members in NSW (only) employed prior to 6th December, 1988.  (NSW Appendix D, 1.1)

51.    All ordinary hours worked on a Sunday and additional late nights shall be voluntary for weekly meat team members NSW (only) employed prior to 6th December, 1991.  (NSW Appendix D, 1.1)

52.    Meat team members who were working non-flexible rosters as at 8 June 2000 will remain on non-flexible rosters (unless they agree otherwise).  (NSW Appendix D, 1.4)

53.    Roster  changes may be made in accordance with the SA meat agreement clause 3.4.1;

Rosters may be altered by giving 7 days’ notice provided that:

(a)    rosters may be varied with less than 7 days’ notice where the team member agrees (in accordance with clause 1.6.6) and such acceptance is reduced to writing;
(b)     rosters shall not be altered in any 3 consecutive 4 weekly cycles, except where the team member agrees and such acceptance is reduced to writing;
(c)    every effort will be made to avoid changing rosters at Christmas time. 

54.    A cold allowance of $10.40 per week shall apply to all team members working in the meat departments.  (Tas).

55.    No Meat Manager will suffer a reduction in his or her earnings as a result of the implementation of this Agreement. No pay rise under this Agreement will be absorbed in a Meat Manager's overall wages.  (NSW Appendix D, 1.5)

56.    There shall be not less than a ten (10) hour break between the finishing of work (including overtime) on one (1) day and the commencement of work on the next day.

57.    A travel or movement between store allowance shall apply as per the SA agreement;

When a team member is temporarily working in a store other than their base store, such a team member shall be entitled to:

(a)    additional fares or fare costs for public transport; or
(b)    kilometreage for additional travelling costs when the team member uses their own vehicle on the basis set out below;
Vehicles of over 2000cc $ 0.77
Vehicles of up to 2000cc $0.69
(c)    payment for travelling time during a team member's rostered hours as if they had worked; and
(d)    additional travelling time which shall be paid at the ordinary hourly rate, unless time falls outside rostered hours or the ordinary span of hours in which case overtime rates shall be applicable. 

58.    Superannuation contributions are to be made to the Meat Industry Employees' Superannuation Fund Pty. Ltd. or Retail Employees’ Superannuation Trust at the choice of the team member.  (All meat agreements)

59.    All team members on weekly hiring shall be entitled to a picnic day (or Canberra Day as applicable) as a public holiday.  (All meat agreements)

60.    All casual meat team members working on a public holiday shall be paid at the rate of 272% of the ordinary time rate with a minimum payment as for four (4) hours of work. (NSW)

61.    Coles claim 31 agreed.

62.    Permanent meat team members rostered to work on Easter Sunday will be given the option of working or not. 

63.    All wages and allowances to increase by 5% per annum for the life of the agreement.

64.    Any meat manager who is currently working under employment arrangements reflecting either a guarantee of 5 hours overtime per week or an entitlement to 5 hours overtime per week if worked shall retain those entitlements.

65.    Redundancies resulting from the introduction of retail ready meat (RRM) shall be in accordance with the provisions of the NSW agreement Appendix A. In the event that the Company introduces a Partial Retail Ready Meat concept into a store, the Union and the Company agree to have discussions. (NSW)

66.    If a part-time meat team member whose work days of a normal roster include a Saturday or Sunday which would be a prescribed public holiday but for the substitution of an alternative day then:

(a)    the meat team member may be granted leave with pay on the "actual" day without any substitution, or;
(b)   the meat team member may work on the "actual" day at normal Saturday or Sunday rates and shall be allowed to take another day as agreed with the employer, which may or may not be the prescribed substitute day, as a paid holiday. (In the case of Christmas Day an additional loading of half a normal (ordinary time) hour's wage for each hour worked or;
(c)   the meat team member may work on the "actual" day at normal Saturday or Sunday rates (with the Christmas Day loading, if applicable) and receive, in addition, payment at ordinary time rates for an additional day of equal length (with no substitution of an alternative day).   (NSW clause 22.7 (iii))

67.    Location Allowances

In addition to the wages prescribed by the wages clause of the agreement, a team member shall be paid the following weekly allowances when employed in the towns described hereunder;

Town:

Boulder $ 10.20
Broome $ 39.85
Carnarvon $ 20.42
Coolgardie $ 10.20
Dampier $ 34.53
Denham $ 20.42
Derby $ 41.57
Esperance $ 7.75
Goldsworthy $ 23.37
Kalgoorlie $ 10.20
Kambalda $ 10.20
Karratha $ 40.87
Kununurra $ 64.97
Newman $ 24.12
Norseman $ 20.94
Nullagine $ 61.26
Pannawonica $ 32.43
Paraburdoo $ 32.47
Port Hedland $ 34.33
Roebourne $ 33.06
Shark Bay $ 23.37
Shay Gap $ 23.37
Tom Price $ 32.11
Whim Creek $ 40.47
Wickham $ 39.56
Wiluna $ 25.78
Wyndham $ 61.43 

A team member who has:

(a) A dependent shall be paid double the allowance prescribed in sub-clause (1) of this clause;
(b) A partial dependent shall be paid the allowance prescribed in sub-clause (1) of this clause plus the difference between that rate and the amount such partial dependent is receiving by way of a district or location allowance.

68.    In NSW (only) the minimum engagement for casual team members to be no less than 4 hours per day. (NSW)

69.    The latest finish time for ordinary hours in Victoria (only) worked between Monday to Friday shall be 7 pm.  (Vic)

70.    In the state of Victoria (only) work on weekends in ordinary hours shall be voluntary. (Vic)

71.     A team member's roster may not be changed with the intent of avoiding payment of penalties or loadings, or other benefits applicable. Should such circumstances arise, the team member shall be entitled to such penalty, loading or benefit, as if their roster had not been changed.  (Vic)

72.    Where a team member works a rostered Saturday shift as part of their ordinary hours, such team members will be entitled to have the Monday following a rostered Saturday as their day off.  (Vic)

73.    Team members in the state of Victoria (only) shall be entitled to rostered days off in accordance with the provisions of the Victorian agreement in clause 3.4.  (Vic)

These are what the AMIEU has put to Coles to make sure that your wages and conditions are NOT to be taken