Gas Flushed Meat

Coles has told the Union that it intends to slow down the conversion of meat rooms for gas flushed meat.  They have advised the Union that the gas flush conversation will be restricted to four new stores and in up to ten stores that are earmarked for refurbishment in 2003.
They will also reintroduce butchers and fresh beef into a small number of gas flush stores as a pilot program.  At the same time they will also experiment with butcher's services in an extended deli.  Coles maintain that they do not yet know what the position will be beyond 2003. 

Redundancies

Regardless of the slow down in conversions to gas flushed meat, there will still be redundancies.  The Union believes that the proposed agreement includes a very good redundancy package.  The maximum under the previous Agreement has increased by more than 30 weeks.

The Proposed Agreement Endorsed by the Negotiating Committee

1. Agreement to be for 2 years 8 months.

2. Pay increase: 3.5% back dated to 29/11/02;
                       3.5% from 29/11/03
                       3.5% from 29/11/04.
 This is 10.5% delivered over 24 months.

3. All allowances to increase by 3½%pa.

4. Bereavement leave extended to include grandchildren and step parents.

5. Public holidays 250% to be worked on a voluntary basis.  Any applicable penalties to be paid in addition.

6. Administrative Issues:
 Parental leave for casuals;
 Part time flexibility clause;
 Notification of sick leave on day of sickness;
 Meat Managers covered by agreement with guaranteed minimum payment;
 Probationary period for new employees to the Coles Myer organisation;
 Improvement in OHS protective clothing clause;
 Clause protecting the taking of RDOs;
 Ability for members to work at their request and with their agreement additional hours outside the meat room at meat room rates and conditions;
 Flexibility in meal breaks.

 New Redundancy Clause

REDUNDANCIES RESULTING FROM THE INTRODUCTION OF RETAIL READY MEAT (RRM) ONLY.

The terms and conditions outlined in this Appendix shall only apply in the event of an employee's position becoming redundant as a result of the introduction of Retail Ready Meat into a store. If an employee's position was to become redundant for any reason other than as a result of the introduction Retail Ready Meat then the provisions of this Appendix shall not apply and the provisions of Clause 2.14, 2.15 (1)-(9) and 2.16 of this Agreement shall apply.

1.  Full Retail Ready Meat Introduction into a Store

1.1 Employees can access a voluntary redundancy on the basis of severance pay scale outlined in subclause 3 of this appendix providing there is not a vacant position in an alternate non-RRM store and providing the additional travel to this store does not exceed 20 minutes from their home.
1.2 However, in the event there is not an alternate role within a surrounding store, employees falling in this category will be required to work in the either the Meat Manager role or Meat Cabinet Attendant role in the converted RRM Meat Department for a minimum trial period of 3 months.
1.3 At the end of the 3 month period they will have the choice to either leave their employment with a redundancy package or continue in that role. If the employee elects to remain in the role and chooses to leave at a later date, they will not be eligible to access the redundancy program.

2.  Partial Retail Ready Meat Introduction

2.1 The Company will identify the number of positions required in the store after conversion, then ask employees in this store to express their preference about redeployment or accessing a redundancy.
2.1.1 If the number of employees expressing the desire to leave is more than the number of positions required in the store, Coles will select those employees who are able to access the voluntary redundancy program once redeployment opportunities as outlined in subclause 2.1.3 of this Appendix have been exhausted. The process for selecting which employees can access a redundancy package will be based on the criteria outlined in subclause 2.2 of this Appendix
2.1.2 If the number of employees expressing the desire to leave is less than the number of positions available in the store, Coles will determine which additional positions will become redundant once the redeployment opportunities as outlined in subclause 2.1.3 of this Appendix have been exhausted. The process for selecting which employees can access a redundancy package will be based on the criteria outlined in subclause 2.2 of this Appendix (excluding subclause 2.2.1).
2.1.3 In the event there are employees as a result of this process who do not have a role, then Coles will attempt to redeploy them to other non-RRM stores (providing the additional travel does not exceed 20 minutes from their home) or alternatively by agreement to a non-meat Department role. If these avenues are not successful then employees in this category will receive a redundancy package based on the severance pay scale as outlined in subclause 3 of this Appendix.
2.2 The criteria for assessing which employees may be able to access a voluntary redundancy package pursuant to subclause 2.1 of this Appendix may include but not limited to the following:
2.2.1 The employee is close/upon retirement age; and/or
2.2.2 The employee would suffer a change in position as a result of the stores conversion ie, the only option is for them to work in a store based position or for a butcher to work in a non trade roles; and or
2.2.3 The only position offered to the employee is in another store that is due to convert at a later stage.
2.2.4 Where special circumstances exist and this could provide a position to an employee in a store that is to be converted to Retail Ready Meat.
In the event that after applying this selection criteria it is not possible to select which employees can access a redundancy package then further discussions with the Union can take place to determine an agreed criteria.

3. Severance Pay Scale

Rate of Calculation of Severance Pay
 Period of continuous service Employees under 45 Employees 45 & over
 Less than 1 year NIL Nil
 1 year but less than 2 years 5 weeks' pay 6 weeks' pay
 2 years but less than 3 years 8 weeks' pay 9.75 weeks' pay
 3 years but less than 4 years 11 weeks' pay 13.5 weeks' pay
 4 years but less than 5 years 13 weeks' pay 16 weeks' pay
 5 years but less than 6 years 15 weeks' pay 18.5 weeks' pay
 6 years but less than 7 years 18 weeks' pay 22 weeks' pay
 7 years but less than 8 years  21 weeks' pay 25 weeks' pay
 8 years but less than 9 years  24 weeks' pay 28 weeks' pay
 9 years but less than 10 years 27 weeks' pay 31 weeks' pay
 10 years but less than 11 years 30 weeks' pay 32 weeks' pay
 11 years but less than 12 years 33 weeks' pay 33 weeks' pay
 12 years but less than 13 years 36 weeks' pay 36 weeks' pay
 13 years but less than 14 years 39 weeks' pay 39 weeks' pay
 14 years but less than 15 years 42 weeks' pay 42 weeks' pay
 15 years or more 45 weeks' pay 45 weeks' pay
3.1 In addition to the above, for employees with 15 or more years service, the company will pay the sum of $1,100 for Butchers and $800 for Packers for each 5 year milestone at 20, 25, 30 years etc. This payment for the milestones will be paid pro-rata (ie, pay proportional amount of $1,100.00/$800.00 for service between the milestones) and will be uncapped. It will also be pro rata for part time employees.
3.2 The rate of pay will be the all purpose rate ie, including over award payments, penalties and allowance.
3.3 Annual leave loading will also be paid on annual leave including any accrued pro rata annual leave.
3.4 Long Service Leave will be paid in accordance with the NSW Long Service Leave Act 1955 ie, employees with more than 5 years service will receive pro rata long service leave where the termination is due to a redundancy.
3.5 Casuals who have worked on a regular and systematic basis with Coles for more than 12 months will also have the same option of redundancy as above.
3.6 Notice will be paid in lieu where employees remain with the company until the date of conversion or the completion of the 3 month trial period where applicable. The notice to be paid will be in accordance with Clause 2.9.1 of this Agreement.
3.7 Employees who are offered a position that may attract lower terms and conditions than those contained in this Agreement will have their penalties and rostering principles preserved and the rate of pay will be frozen until the applicable rate for their new position catches up with their preserved rate of pa

Coles' Claims Rejected

Coles' claims for reduction in penalties on Saturday and Sunday and night work and compulsion to work nights have all been rejected.

Coles was also forced to drop 3 hour rosters for part timers and casuals and to force any unfair dismissal claims under the lengthy, complicated Howard/Abbott government scheme, rather than the simple process at the Industrial Relations Commission under the Agreement, which has worked well for many years.

Coles was also forced to drop their claim for junior rates for cabinet attendants.  Cabinet attendants will continue to be paid the full adult rate.

This is an outstanding result.  It has been brought about because Coles knows the ability of AMIEU members at Coles to take action to defend their pay and conditions. 

The Union and the negotiating committee strongly recommended that members vote YES to accept this as conditions for the next 3 years.

This EBA was supported by a vast majority or Coles Myer members