[2009] fwaa 1639...kfc national enterprise agreement 2009 2. scope this agreement shall apply to...

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[2009] FWAA 1639

DECISION Fair Work Act 2009 s.185—Approval of enterprise agreement

Kentucky Fried Chicken Pty Ltd T/A KCF (AG2009/14188)

KFC NATIONAL ENTERPRISE AGREEMENT 2009

Fast food industry

COMMISSIONER RAFFAELLI SYDNEY, 9 DECEMBER 2009

Application for approval of the KFC National Enterprise Agreement 2009. [1] An application has been made for approval of an enterprise agreement known as the KFC National Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kentucky Fried Chicken Pty Ltd T/A KCF. The agreement is a single-enterprise agreement. [2] The Agreement was made during the bridging period1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act. [3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [4] The Shop Distributive and Allied Employees' Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

1 Item 2, Part 1, of Schedule 2.

[2009] FWAA 1639

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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2009. The nominal expiry date of the Agreement is 11 September 2012. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code G, AE872706 PR991727>

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AE872706 PR537932

ORDER

Fair Work Act 2009 s.319—Transferable instrument

Fair Work Act 2009

s.602 - Application to correct obvious error(s) etc. in relation to FWC’s decision

Shop, Distributive and Allied Employees Association (AG2013/7010)

KFC NATIONAL ENTERPRISE AGREEMENT 2009 (ODN AG2009/14188) [AE872706]

Fast food industry

COMMISSIONER CRIBB MELBOURNE, 18 JUNE 2013

Application for order relating to instruments covering new employer and non-transferring employees in agreements; application for correction to KFC National Enterprise Agreement 2009.

A. Further to the decision1 issued by the Fair Work Commission on 18 June 2013, the

Commission orders the following:

1. Pursuant to s.319 of the Fair Work Act 2009, the KFC National Enterprise Agreement

2009 will also cover non-transferring employees, employed after 18 June 2013, of:

1.1 MML Restaurant Group Pty Ltd

1.2 SP Etheridge Pty Ltd

1.3 Broadview (Aust) Pty Ltd

1.4 St George Restaurants Pty Ltd

1.5 TP Hospitality Pty Ltd

1.6 Free Grange Pty Ltd

1.7 Changela Food Pty Ltd

1.8 Sandyshore Pty Ltd

1.9 HM (NSW) Pty Ltd

1.10 RSJ Family Pty Ltd

1.11 Edelmanian Enterprises Pty Ltd

1.12 Food Management International Pty Ltd

1.13 Mandir Pty Ltd

1.14 Vignesh Enterprises Pty Ltd

1.15 Kayvier Pty Ltd

1 [2013] FWC 3859

AE872706 PR537932

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1.16 Marcamp Pty Ltd

1.18 Huntell Pty Ltd

1.19 Premlata Pty Ltd

1.20 Baymax Pty Ltd

1.21 Mega Star Group Pty Ltd

1.22 Riteh Pty Ltd

1.23 C.Wiles Investments Pty Ltd

1.24 Tucker Projects Pty Ltd

1.25 ZAMM Enterprises Pty Ltd

1.26 Jasard Pty Ltd

1.27 Special One Pty Ltd; and

1.28 any new franchisee and their associated companies operating KFC outlets.

whose duties fall within the scope of “employees” as defined by that Agreement.

2. Pursuant to s.602 of the Fair Work Act 2009, the KFC National Enterprise Agreement

2009 approved by the decision2 of Commissioner Raffaelli on 9 December 2009 is

corrected by adding to Schedule A: KFC Parties:

Fishfood Trading Pty Ltd 125 317 759 PO Box 836

BAULKHAM HILLS

NSW 1775

Cornwall Management

Consultants Pty Ltd

095 087 531 9 Wakefield Place

ORCHARD HILLS NSW

2748

Daymal Pty Ltd 138 139 161 14 Lachlan Drive

WINSTON HILLS NSW

2153

B. Item 1 of this order shall take effect in respect of each of the non transferring

employees on and from 18 June 2013 or the date from which the employment commences,

whichever is the later. Item 2 of this order shall operate from 16 December 2009.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A>

2 [2009] FWAA 1639


1. TITLE

This agreement shall be known as the 'KFC National Enterprise Agreement 2009'.

1A. ARRANGEMENT 1. TITLE ....................................................................................................................................................... 1 lA. ARR.AN"GEMENT ............................... ~ .......................................................................................... 9 •••••••• 1 2. SCOPE ..................................................................................................................................................... 2 3. DATE AND PERIOD OF OPERATION ............................................................................................. 2 4. DEFINITIONS ......................................................................................................................................... 2 5. CONTRA.CTSOFEMPLOYMENT ................................ ; .................................................................... 3 6. WEEKLY EMPLOYEE RATES OF PAY ............................................................................................. 6 7. ALLOWANCES ..................................................................................................................................... B 8. HOURS AND ROSTERING ................. : ............................................ : .................................................. 8 9. OVERTIME ............................................................ , .... , .. , ........................................................................... 9 10. MEAL BREAKS ................................................................................................................................... 11 11. REST PAUSES ...................................................................................................................................... 11 12. PAYMENT OF WAGES ...................................................................................................................... 12 13. SUPERANNUATION ......................................................................................................................... 12 14. TRAINI.NG ................................................................ ,. ............................................................................... 12 15. PUBLIC HOLIDAYS ................................................ : .......................................................................... 13 16. ANNUAL LEAVE .............................................................................................................................. 14 17. PAID PERSONAL/ CARER'S LEA VE ........................................................................................... 16 18 UNPAID LEAVE ................................................................................................................................. 17 19 DEFENCE FORCES & COMMUNITY SERVICES LEAVE ........................................................... 18 20 UNIFORMS .......................................................................................................................................... 18 21 REIMBURSEMENT OF TRAVELLING EXPENSES OTHER THAN DELIVERY DRIVERS ... 19 22 LONG.SERVICE LEA VE .................................................................................................................... 19 23 COMPASSIONATE LEAVE ............................................................................................................... 19 24 PARENTAL LEAVE AND FLEXIBLE WORK ARRANGEMENTS ............................................. 20 25 JURY SERVICE .................... ; ............................................................................................................... 21 26 TERMINATION OF EMPLOYMENT- WEEKLY EMPLOYEES ........................ ; ........................ 21 27 ABANDONMENT OF EMPLOYMENT .......................................................................................... 22 28 CONTINUITY OF EMPLOYMENT .................................................................................................. 22 29 COPY OF AGREEMENT .................................................................................................................... 22 30 DISPUTES PROCEDURE ........ : .......................................... .-.............................................................. :23 31 DISCIPLINARY PROCEDURE ......................................................................................................... 23 32 SAFETY ................................................................................................................................................. 24 33 ACCIDENT PAY .; ........................................................................... ; ................................................... 24 34 FACILITIES .......................................................................................................................................... 25 35 FLEXIBILITY TERM .................................................................. -...................... , ...................................... 25 36 CONSULTATION ............................................................................................................................... 26 37 TRADE UNION TRAINING LEA VE ............................................................................................... 27 38. SEXUAL HARASSMENT ................................................................................................................... 28 39. UNIONDELEGATE ........................................................................................................................... 28 40. UNION RECOGNITION AND UNION MEMBERSHIP .............................................................. 29

SCHEDULEA: KFCPARTIES ....................................................................................................... 30 SCHEDULE B: DISABLED WORKERS ........................................................................................ 32 SCHEDULE C: REDUNDANCY-WEEKLY EMPLOYEES ....................................................... 35

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2. SCOPE

This agreement shall apply to Kentucky Fried Chicken Pty Limited, as well as its subsidiaries and the franchisees and their associated companies operating food outlets (other than Pizza Hut food outlets) listed in the attached Schedule A, all employees as defined whether or not they are members of the Shop, Distributive and Allied Employees• Association. This agreement shall cover, amongst those employees covered by this agreement without limitation, employees in the employer's commissaries and home delivery call centres. The terms of this agreement shall prevail over the terms of any award or any order of the Australian Industrial Relations Commission or Fair Work Australia that would otherwise apply.

3. DATE AND PERIOD OF OPERATION

3.1 This agreement shall take'effectfrom the beginning of the first pay period commencing on or after 7 day~ date of approval by employees, and shall remain in force until 11 September 2012.

3.2 By no later than six weeks prior to the expiry of the term of this agreement the employer and the Union will commence negotiations regarding the terms and conditions of employment which are to apply after the expiry of the term of this agreement.

4. DEFINITIONS

The following definitions are to be applied in interpreting the subsequent provisions of this agreement unless the context indicates otherwise.

Act Unless the context provides otherwise, the Fair Work Act or any replacement to it.

Broken Shift For full-time, part-time and part-time flex employees where tht=: shift is interrupted for more than one hour.

Commission Australian Industrial Relations Commission.

DeliveryDriver/s An employee engaged in the delivery of the employer•s products to customers away from the employer's premises.

·Employeejs All Team Members as defined but does not include employees classified as managers, trainee managers, cadet managers or employees in any other managerial position.

Employer/ s Kentucky Fried Chicken Pty Ltd, as well as its subsidiaries and the franchisees and their associated companies operating food outlets (other than Pizza Hut food outlets) listed in the attached Schedule A.

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FWA

Shift Supervisor

Spouse

Team Memberjs


Fair Work Australia or its successors.

An employee other than a manager (of any description) or a cadet manager, placed in charge of running of shifts.

Includes a partner in a de facto relationship.

An employee principally engaged in one or more of the following activities:

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taking orders r filling orders preparing food items selling food items delivering or organising the delivery of food items to customers or to the employer1s outlets.

Trainee Employee/ s An employee with less than 6 months service who has not yet completed Cross Certified training. Where an employee is re-engaged by an employer covered by this agreement, all prior service shall be recognised.

Union The Shop, Distributive and Allied Employees1 Association.

Weekly Employee/ s A full-time, part-time or part-time flex employee engaged on a weekly contract of employment.

5. CONTRACTS OF EMPLOYMENT

All employees covered by this agreement" shall be employed on either a full-time, part-time, part-time flex or casual basis as follows:

5.1 Full-time Employees

5.2

5.1.1 Full-time employees will be engaged by the week and work 38 hours per week.

5.1.2 Full-time employees will not be engaged for less than 5 consecutive hours per shift excepting for meal breaks.

5.1.3 Full-time ·employees will be paid an ordinary hourly rate equal to the appropriate weekly rate divided by 38.

Part-time Employees

5.2.1 A part-time employee shall mean an employee engaged on a weekly contract of service who works from week to week between 8 and 35 hours varying in accordance with operational requirements, for not less than three hours per shift rostered in accordance with the provis~ons of clause 8, Hours and Rostering. The foregoing may be varied so that part-time employees may be rostered for up to a maximum of 37 hours per week or 148 hours per 4 week cycle, to meet

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seasonal demands during December, January and over the Easter school holidays, or other periods agreed in writing with the Union.

5.2.2 Part-time employees will be paid at an ordinary hourly rate equal to the appropriate weekly rate divided by 38.

5.2.3 Part-time employees shall be eligible for other benefits under this· agreement on a proportionate basis. In calculating entitlements pursuant to this subclause all ordinary hours of a part-time employee shall be included in the calculation.

5.2.4 The employer acknowledges the benefits of part-time employment over casual employment for both the employer and the employee. The employer is thereby committed to greater use of part-time employees.

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5.3 Part Time Flex Employees - School-based Trainees Only

5.4

5.3.1 A part time flex employee shall mean a school-based trainee employee engaged on the same basis as a part-time employee for all purposes of this agreement, except:

5.3.1(a) Part-time flex employees shall be paid at the ordinary hourly rate equal to the appropriate weekly rate divided by 38 plus a 12.5 percent loading. The loading shall be payable for all purposes except for overtime and on public holidays [Explanatory note - the loading is not subject to penalty addition];

5.3.1(b) The 12.5 percent loading shalll?e in lieu of payment for Sick Leave and Annual Leave only. Part time flex employees shall be otherwise subject to the remaining sick leave and annual leave provisions of this Agreement.

5.3.2 In all other respects, part-time flex employees are subject to the provisions applicable to other part-time employees.

5.3.3 Existing employees at the date of this agreement coming into operation may, by agreement with the employer, change their employment status to become a part-time flex employee.

5.3.4 Existing part-time employees at the date of this agreement coming into operation who agree to convert to part-time flex employment shall be entitled to exhaust all accrued sick leave and annual leave on a paid basis until such time as those accrued entitlements are exhausted.

Casual Employees

5.4.1 Casual employees will be engaged by the hour and will receive payment for a minimum of 21/2 consecutive hours per engagement (2 hours for an employee receiving the trainee rate).

Casual employees will be paid at an ordinary hourly rate equal to the appropriate weekly rate divided by 38 plus a loading as indicated in the following table.

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Date Casual Loading From commencement of agreement 21% From first pay period on or after 1 September 2010 22% From first pay period on or after 1 September 2011 23%

The casual rate shall be increased to a total of 200% for all work performed on the holidays referred to in clause 15, Public Holidays.

5.4.2 The provisions of the following clauses shall not apply to casual employees:

Public holidays (except as to subclauses 15.1, 15.2 and 15.3) Annual Leave Sick leave Paid Personal/ Carer's Leave Defence Force leave Unpaid leave Compassionate leave (except for unpaid compassionate leave)

Jury service (except as to unpaid jury service) Termination of employment- weekly employees Trade unio.n training leave Redundancy and introduction of change - weekly employees

5.4.3 Upon engagement employees will be informed by the employer of their basis of engagement i.e. full-time, part-time, part..: time flex or casual.

5.4.4 At the employer's discretion, casual employees can be required to accept employment as part-time employees. Casual employees employed after the date of this agreement coming into operation may also be required to change their employment status to become a part-time flex employee.

5.5 National Employment Standards etc

Inclusion of the National Employment Standards or other terms of the Act in this agreement does not render them a term of the individual contract of employment except where the legislation provides otherwise.

5.6 Savings

5.6.1 Existing employees at the date of this agreement coming into operation shall not suffer a reduction in their ordinary hourly rate (including Sunday penalty) or any existing allowance solely as a result of the introduction of this agreement.

5.6.2 Existing employees as at 18 December 1998 who did not regularly work on Sundays, may have voluntarily elected in writing to work on Sundays at no additional penalty. Existing employees as at 18 December 1998 required to work on Sunday by the employer will, however1 be entitled to the benefit of the savings provision in 5.6.1 above.

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5.6.3 Casual and part-time employees employed prior to 24 February, 1995 entitled to daily or weekly minimum engagements in excess of those prescribed in this agreement shall have those minimum engagements preserved without limit

5.6.4 Existing employees will not be replaced by other employees earning a lower rate solely as a result of the introduction of this agreement.

5.6.5 Shift supervisors who prior to 12 December 2005, worked additional shifts performing normal Team Member duties and were paid at Shift Supervisor rates for performing such duties shall continue to receive that rate of pay.

6. WEEKLYEMPLOYEERATESOFPAY

6.1 The minimum rates of pay will be the following percentages (Table A) of the rates prescribed for the appropriate classification in Table B.

Table A %

15 years of age and under 40 16years of age 50 17 years of age 60 18 years of age 70 19 years of age 80 20 years of age 90

21 years of age and over 100

Table B f.f.p.p on or after f.f.p.p on or after f.f.p.p on or after

the 1July2010 1 July 2011 commencement

of this agreement

.$perweek $per week $per week Increase Increase Increase

awarded by awarded by Fair awarded by Fair AFPC Work Australia Work Australia

$619.50 $632.50 .· $645.50

Note that if FW A hands down an additional wage increase such that the award rate exceeds the agreement rate, then the employer will be required to make up the difference.

6.2 Delivery Drivers

6.2.1 Delivery drivers employed under the terms of this Agreement shall be paid those rates specified in Table A and Table B above. However, no delivery driver will be paid less than the 18 year old rate.


6.2.2 Where required to provide and maintain a suitable vehicle as part of their duties of delivering company products to customers~ delivery drivers shall receive the following vehicle reimbursement amount as full compensation for the costs incurred-

Driver Reimbursement Amount f.f.p.p on or after f.f.p.p on or after f.f.p. p on or after

the 1 July 2010 1July 2011 commencement

of this agreement

$ per delivery $ per delivery $ per delivery $1.67 $1.69 $1.71

6.3 Shift Supervisors

6.3.1 Shift Supervisors shall be paid at 105% of the weekly rate for other than delivery drivers.

6.3.2 Where a Shift Supervisor is offered to work an additional shift or shifts by the employer to perform ordinary team member duties, the Shift Supervisor may~ by agreement with the employer, accept to work the additional shift at the appropriate Team Member rate of pay. The operation of this paragraph is subject to the savings provision contained at clause 5.6.5.

6.4 Trainee employees other than delivery drivers shall be paid at 90% ·of the appropriate weekly rate.

6.5 Weekly rates in this clause shall be rounded to the nearest 10 cents.

6.6 Mobile Phones

6.7

Delivery employees shall not be required to provide a mobile phone as part of their duties. Where it is mutually agreed between the manager and employee beforehand than an employee will use their own mobile phone as part of their duties~ the employee will be reimbursed the cost of calls incurred on the employer's behalf.

Mixed Functions

Employees engaged for more than 2 hours during one day or shift on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for such day or shift. If engaged for two hours or less during one day or shift the employee shall be paid the higher rate for the time worked only.

6.8 Extra rates in fuis agreement are in substitution for, not cumulative with, other rates arising under this agreement.

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7. ALLOWANCES

7.1 Allowances will be calculated to the nearest 5 cents, except for the private kilometerage rate which shall be to the nearest cent.

7.2 Broken Shift Allowance

Weekly employees engaged on a broken shift shall be paid the daily allowance specified in the table below.

7.3 Meal Allowance

Employees required to work overtime for more than two hours. on any day, without being notified on the previous day or earlier of such requirements to work overtime, will either· be supplied with a meal by the employer or be paid the meal money allowance specified in the table below.

7.4 First Aid Allowance

Employees required by the employer to act as First Aid Attendants shall receive the additional flat payment specified in the table below for each day they are so required. Payment of the allowance will be subject to employees maintaining their qualification as required by the appropriate accrediting authority.

Clause Allowance f.f.p.p on or after f.f.p.p on or f.f.p.p on or the after 1 July after lJuly

commencement .2010 2011 of this

agreement 7.2 Broken Shift $ 3.65 $ 3.75 $ 3.85 7.3 Meal

Allowance $ 14.60 $ 14.90 $ 15.20 7.4 First Aid $ 2.30 $ 2.35 $ 2.40 20.1 Private (a) kilometerage $ 0.61 $ 0.62 $ 0.63

8. HOURS AND ROSTERING

8.1 All ordinary hours of work will be worked within a spread of eleven hours, inclusive of breaks, each day Monday to Sunday.

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8.2 The maximum engagement an employee may be rostered on &nY shift shall be 10 hours exclusive of meal breaks.

8.3 All rosters for full-time employees shall provide for 152 hours over any 4 week cycle.

8.4 Rostered hours shall be worked on not more than 5 shifts in each week, provided that rostered hours may be worked on 6 shifts in one week if in the following week rostered hours are worked on not more than 4 shifts. An employee will only work more than 6 consecutive shifts over adjoining weeks at ordinary rates at the employee's election.

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8.5 The maximum number of ordinary hours a full-time employee, or a part-time employee working extended seasonal hours in accordance with subclause 5.2.1 ... may be rostered to work in any week shall be 44 subject to the limitation in 8.3 above.

8.6 All employees must be rostered in such a way that they· shall receive at least two consecutive days off each fortnight.

8.7 There shall be a minimum break of 10 hours between an employee's finishing time on one shift and commencing time on the next shift (illcluding overtime). At the regular changeover of shifts (i.e. no more than once per week), 8 hours may be substituted for 10 hours.

8.8 The employer shall determine a roster setting out the hours to be worked by each fulltime, part-time and part-time. flex empioyee in any week which shall be displayed seven days in advance. Employees may be required to sign in acceptance of their weekly hours. The roster shall not be varied within the 7 day period other than by mutual agreement.

8.9 Employees who repeatedly fail to give sufficient notice to the employer of their inability to work a rostered shift will be subject to disciplinary action in accordance with clause 31 Disciplinary Procedure.

8.10 The employer shall notify employees of the start and finish dates of the roster cycle.

8.11 A casual employee not advised of a cancelled shift at least one hour before the employee was to commence work, shall receive a payment of 2 hours pay.

8.12 The employer shall take into account an employee's study commitments when rostering, consistent with the outlet's operational needs and the availability of other staff.

9. OVERTIME 9.1 Subject to the following, employees shall work reasonable overtime as required by the

employer:

9.1.1An employee may refuse to work reasonable overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

9.1.1(a) 9.1.1(b)

9.1.1(c) 9.1.1(d)

9.1.1(e)

any risk to employee health or safety; the ·employee's personal circumstances including any family responsibilities; the needs of the workplace or enterprise; the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and any other relevant matter.

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9.2 The overtime shall be calculated on a daily basis and where possible be paid on the pay day for the week in which it was worked. In no case will the employee receive payment later than the following week. -

9.3 The employer shall inform employees of the procedure for authorisation of overtime and employees shall not be paid at overtime rates unless so authorised.

9.4

9.5

Except where otherwise provided, authorised overtime shall be payable at time and one half of the ordinary rate for the first 2 hours and double-the ordinary rate thereafter as follows:

where an employee works more than 10 hours (excluding meal breaks) on any day.

where an employee works in excess of 5 shifts per week (or 6 shifts or 4 shifts worked pursuant to subclause 8.4, Hours and Rostering, or more than 6 consecutive shifts over adjoining weeks other than by mutual agreement).

where a casual employee works in excess of 38 hours per week.

where a full-time employee works in excess of 38 rostered hours per week (or up to 44 rostered hours per week if the employee is averaging their hours over a 4 week cycle). (Note- see the following limitation).

where a full time employee works in excess of 152 hours in a 4 week cycle.

where a part-time or part-time flex employee works in excess of 35 rostered hours per week.

where a part-time or part-time flex employee works in excess of 148 hours per 4 week cycle when working additional hours to meet seasonal demands pursuant to subclause 5.2.1.

where an employee is required to work outside the spread of 11 hours on any day.

where an employee is required to start work before they have completed an interval of at least 10 consecutive hours rest from their previous finishing time (or 8 hours at the regular changeover of shifts as provided in subclause 8.7 above).

where an employee (other than a casual) works at times other than those for which the employee was rostered to work.

All overtime worked on a Sunday or public holiday shall be paid at double the ordinary time rate.

9.6 All work on a day that a weekly employee is rostered off shall be paid for at the rate of double time with a minimum payment as for three hours worked.

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9.7 An employee called in to work overtime on a Sunday or public holiday that is not continuous with. ordinary hours shall receive a minimum payment as for 3 hours worked.

9.8 Where a part-time employee or part-time flex employee is required to work beyond the employee's rostered finishing time in order to meet unforeseen operational and/ or staffing requirements, the first hour shall be paid for at the ordinary time rate of pay, the second hour shall be paid for at the rate of time and one half with double time for any hours worked thereafter. The provisions of this subclause shall only apply where the employee is rostered to work 8 hours or less on the shift.

9.9 Employees who are required to attend staff meetings outside their normal rostered hours shall be paid at ordinary rates with a minimum payment of 1 hour on each occasion. The employer may make use of this subclause on no more than 6 occasions in any one establishment in any one year.

9.10 By mutual agreement time off may be taken in lieu of payment for overtime provided that

Time off shall be calculated at the penalty equivalent.

The employee is entitled to a fresh choice of payment or time off on each occasion overtime is worked.

Time off must be taken within one calendar month of the working of overtime, or it shall be paid out.

10. MEAL BREAKS

10.1 An employee who works more than 5 ordinary hours on any day shall receive an unpaid meal break of between 30 and 60 minutes duration.

10.2 An employee shall receive an additional unpaid meal break of between 30 and 60 minutes duration when they have worked a further 5 hours or more from completion of the previous meal break.

· 10.3 In lieu of the above unpaid meal break, a Shift Supervisor may be required to have a 20 minute paid crib break, which is to be taken according to operational requirements.

10.4 No meal break shall be given or taken within one hour of an employee's commencing or ceasing time.

11. REST PAUSES

11.1 Each employee who works more than 4 hours continuously on any day shall be allowed a paid rest pause of 10 minutes. The timing of this break shall be arranged by the employer when convenient for it tci be taken.

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11.2 An additional10 minutes rest pause shall be provided when an employee works more than 8 hours on any one shift.

11.3 In lieu of the above, Call Centre employees may have a.5 minute paid rest pause every two hours.

11.4 Except as provided in this subclause, no rest pause shall be given or taken within one hour of an employee's commencing or ceasing time or within one hour before or alter any meal break. Where a part-time or part time flex or casual employee is required to work up to one hour beyond the employee's rostered finishing time in order to meet unforeseen operational or staffing requirements, a rest pause may be taken within one hour of the employee's ceasing time.

12. PAYMENTOFWAGES

12.1 Wages shall be paid fortnightly or weekly in arrears at the employer's option.

12.2 Payment may be made by Electronic Funds Transfer into a bank account nominated by th_e employer, or by cash or cheque at the employer's option.

12.3 The employer shall pay wages within three days of the end of each pay period.

12.4 Employees shall be supplied each pay period with a statement detailing the calculation of their wages and the deductions made from their wages. Information to be provided shall include annual leave balances where the employer's payroll system is able to provide this.

13. SUPERANNUATION

13.1 Employer oblig~tions nnder the Superannuation Guarantee Act shall be met by monthly payment of contributions into the R.E.S.T. Scheme. The employer will not permit employees to take superannuation contributions as wages.

13.2 The employer shall provide each employee upon commencement of employment with the appropriate membership application form(s) of R.E.S.T. and shall forward the completed membership form(s) to R.E.S.T. upon completion with the riext monthly payment of superannuation contributions.

14. TRAINING

14.1 The employer will provide training to each employee. Employees are required to apply themselves conscientiously to training.

14.2 The employer shall keep a tracking sheet for each employee tmdertaking TEAM MEMBER TRAINING and CROSS CERTJFIED training which shall record the dates

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they commenced training and the employee's training _status. The sheet shall be available to the employee upon request.

14.3 Employees will be issued with certificates at the successful completion of each stage of traiillng.

14.4 Employees required by the employer to attend additional formal training sessions outside of ordinary hours will be paid ordinary time only.

15. PUBLIC HOLIDAYS

15.1 For the purposes of this agreement the following days shall be public holidays:

Christmas Day Boxing Day New Year's Day Australia Day Good Friday Easter Saturday Easter Monday Anzac Day Labour Day or Eight Hour Day The Birthday of the Reigning Sovereign

15.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the following Monday.

When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the following Monday or Tuesday respectively.

When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.

15.3 Where throughout a State or Territory public holidays are declared or prescribed on days other than those set out in subclauses 15.1 and 15.2 above, those days shall constitute additional holidays for the purpose of this agreement.

15.4 Full-time, part-time and part-time flex employees who as part of their roster cycle work on a day on which any of the above holidays fall, and who are not required by the employer to work any part of their ordiri.ary hours on such public holiday, shall be deemed to have worked the number of hours the employee would have worked had the day not been a holiday.

15.5 The employer and an employee may change the above days by mutual agreement, but not so as to reduce the employee's holiday entitlements under this clause.

15.6 Excepting where it has been agreed to change the day a holiday is observed, all work done on any of the holidays prescribed in this clause shall be paid at the rate of double time, with a minimum payment as for three hours. The casual rate shall be increased to a total of 200% for all work performed on the holidays referred to in this clause.

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15.7 A full-time employee whose non-working day falls on a public holiday will receive by mutual agreement-

(a) another day off in lieu to be taken within twenty-eight days of the holiday;

(b) an additional dayrs pay; or

(c) an extra day added to annual leave

The above shall not apply to Anzac Day when it falls on a weekend.

15.8 Where a part-time or part-time flex employee regularly working 5 days per week is rostered on different days of the week so that the employee is required from time to time to work ordinary hours on the day of the week on which one of the above holiday falls, and the employee's rostered day off coincides with any of the above holidays prescribed in this clause, such employee shall receive one day's additional pay at ordinary rates on the next succeeding pay day.

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15.9 Where an employee is absent from employment on the working day before or after a public holiday without reasonable excuse or without the consent of the employer, the employee shall lose the entitlement to payment for one public holiday for each day so I_ absent. f

15.10 In addition to the above holidays, full-time, part-lime and part-time flex employees not I required by the employer to work any part of the employee's ordinary hours on the ; first Tuesday in November or such other day as is agreed with the State Branch of the Union for a state, territory or locality shall be entitled to an additional holiday without loss- of pay, which shall be known as the Union Picnic Day. Those full-time, part-time or part-time flex employees required to work on ·this day shall in lieu of the above provisions be permitted to take an alternative day off within 28 days or have an additional day to be taken with the employee's next period of annual leave but shall not in any circumstances, including termination or failure to take the day within the required period, forfeit these entitlements.

15.11 For the purpose of this clause, 'day' shall mean the averaged number of daily hours worked by the employee in the four weeks immediately prior to the day on which the holiday falls.

16.1

16.2

16. ANNUAL LEAVE

All weekly employees will be entitled to leave of absence (including part-time flex employees) on full pay (except for part-time flex school-based trainee employees, whose rate is loaded for annual leave) equai to four working weeks (i.e. 152 hours for full-time employees and pro rata for part-time and part..:time flex employees) exclusive of public holidays after 12 months continuous service (or earlier by agreement out of accrued entitlements).

An employee's entitlement to paid annual leave accrues progressively during a year of service according to the employee's ordinary hours of work each completed 4 week

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period, and accumulates from year to year.

16.3 Employees taking annual leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the period of leave.

16.4 Where the number of hours worked by a part-time or part-time flex employee varies throughout the course of the year, entitlements to annual leave shall be calculated upon the average number of ordinary hours worked during the year of accrual.

16.5 An employee who is performing work at a higher grade prior to a period of annual leave. and has the reasonable expectation of doing so after the period of the leave, should be paid for the period of leave at the higher grade rate on the basis that these are the wages the employee would have received had the employee not been on leave.

16.6 Where an employee has an entitlement to any public holiday under Clause 15, Public Holidays and this holiday falls within an employee's period of annual leave, there shall be added to that period one day being an ordinary working day for each such holiday observed.

16.7 Should an employee not complete 12 months service the employee (other than parttime flex employees) shall on the termination of employment be entitled to pay on a pro rata basis at the rate of one thirteenth of a week's pay per completed week of service at ordinary time rates.

16.8 Any time in respect of which an employee is absent from work on approved paid leave shall count for the purpose of determining the right to or accrual of annual leave.

16.9 Annual leave shall be taken at a time mutually agreed upon by the employer and employee according to the needs of the business. In the absence of agreement it shall be taken at a time fixed by the employer: Annual leave shall be given and taken either in one consecutive period, or two periods which shall be of three weeks and one- week respectively. However, if the employee and the employer agree, annual leave may be taken in some other combination (e.g. in single days), subject to the requirement that at least 3 weeks of the leave consist of periods of at least 5 consecutive days.

16.10 Annual leave shall be granted to and taken by the employee within a period of nine months from the day on which it became due, and the employee shall be given at least four weeks notice by the employer of the date that such leave will commence. Under no circumstances shall the employee forfeit the annual leave entitlement.

16.11 During a period of annual leave a weekly (other than part-time flex) employee will receive a loading of 171/2 percent of the weekly rate for each week taken. This loading does not apply to . proportionate leave on termination.

16.12 Provided the employer receives adequate notice, annual leave of one week or more shall be paid in advance of the commencement of the leave.

16.13 Payment in lieu of annual leave shall not be made by the employer and not be accepted by the employee except in accordance with all requirements Of this clause.

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16.14 Cashing Out of Annual Leave

16.14.1 Where a full~time team member has an annual leave entitlement in excess of 228 hours (or pro rata amount for part-time team members), the Company may, at the written request of the team member, pay to the team member an amount equal to the team member's ordinary rate of pay inclusive of leave loading, for his or her annual leave entitlement in excess of 228 hours and reduce the team member's annual leave entitlement accordingly.

16.14.2 This cashing out of annual leave shall be made so that the team member will have a minimum of 228 hours of annual leave entitlement (or pro-rata amount for part-time team members) remaining and will not affect the team member's right to reasonable rest and recreation. Pursuant to this requirement, prior to exercising the opportunity to receive payment out of untaken leave in accordance with these provisions, employees must have taken at least 2 weeks annual leave in that anniversary year.

16.14.3 Each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee. The employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.

17. PAID PERSONAL/ CARER'S LEAVE

17.1 Amountofleave

For each year of service with the employer, an employee (other than a casual) is entitled to 10 days of paid personal/ carer's leave. Part-time and part-time flex employees shall receive a pro rata entitlement m accordance with subclause 5.2.3 of Clause 5, Contracts of Employment. ·

17.2 Accrual of leave

An employee's entitlement to paid personal/ carer's leave accrues progressively during a year of service according to the employee's ordinary hours of work each completed 4 week period, and accumulates from year to year. (Note that the initial implementation of the NES accrual provisions shall he in accordance with the NES transitional provisions and so that there is no loss or double-dipping of employee leave entitlements).

17.3 Payment of leave

An employee may take paid personal/ carer's leave at ordinary rates for the number of hours rostered to be worked by the employee on that day if the leave is taken:

17.3.1 because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or

17.3.2 to provide care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because of-

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17.3.2(a) 17.3.2(b)

a personal illness, or personal injury, affecting the member; or an unexpected emergency affecting the member; or

17.3.3 because a parent, spouse or child of the employee dies, in which case the total ·of compassionate leave and personal/ carer's leave may be up to a total of 5 days.

17.4 Where personal/ carer's leave is exhausted, the employee may use annual leave by agreement with the employer.

17.5 Leave shall not be paid for any period that the employee is entitled to workers' compensation.

17.6 If the period during which an employee takes paid personal/ carer's leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/ carer's leave on that public holiday.

17.7 To enable the employer to efficiently conduct business and offer quality service to customers, it is required that employees give as much notice as possible that they will be absent from work on personal/ carer's leave. In any event they shall notify their employer wherever reasonably practicable prior to their commencing time on the first day of absence and advise their anticipated date of return.

17.8 Supporting Evidence Requirements

17.8.1 The employer may require an employee to produce reasonable proof satisfactory to the employer on occasions when an employee is absent from work on personal/ carer's leave. Other than for the first two single day absences in any one year, the employee may be required to produce a doctor's certificate stating the nature of the illness or injury to be entitled to personal / carer's leave where this is relevant

17.8.2 In lieu of a medical certificate, the employer may accept a statutory declaration where it was impracticable for the employee to provide a medical certificate.

17.9 Disciplinary Process

An employee who has clearly demonstrated a pattern of abuse of the use of his or her personal / carer's leave entitlements, including failing to observe the notice requirements under 17.7 or failing to submit supporting evidence as provided for in dause 17.8, may be subject to disciplinary action in accordance with clause 31 ~

Disciplinary Procedure.

18 UNPAID LEAVE

18.1 An employee (including a casual) may take unpaid carer's leave for a particular permissible occasion if the leave is taken to provide care or support as referred to in 17.3.2, subject to the evidence requirements in 17.8.

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18.2 An employee may take unpaid carer's leave for a particular permissible occasion as:

18.2.1 a single continuous period of up to 2 days; or

18.2.2 any separate periods to which the employee and his or her employer agree.

18.3 An employee cannot take unpaid carer's leave during a particular period if the employee could instead take paid personal/ carer's leave.

18.4 Otherwise, employees may by agreement with the employer, take unpaid periods of leave of more than one week and up to 12 months without breaking their continuity of employment. All accr:ued entitlements, including long service, annual and sick leave and public holidays will be frozen from the date of commencing.unpaid leave until the date of return.

19 DEFENCE FORCES & COMMUNITY SERVICES LEAVE

19.1 Defence Force Services Leave

19.1.1 · Subject to operational requirements, an employee, other than a casual, shall be allowed unpaid leave or paid leave using accrued annual or long service leave entitlements to attend Defence Forces Reserve approved training where the absence is reasonable having regard to all the circumstances.

19.1.2 Employees seeking to take Defence Force Services Leave must provide notice to the employer at least one month prior to the period of training. The notice should detail the start and finish dates for training.

NOTE -see also the provisions of the Defence Reserve Service (Protection) Act 2001

19.2 Community Services Leave

19.2.1 Employees carrying out of a voluntary emergency management activity shall be permitted to take unpaid leave, or paid leave using accrued annual or long service leave entitlements, where the absence is reasonable having regard to all the circumstances.

19.2.2 The provisions of Division 8 of Part 2-2 of the Act shall be used in interpreting the provisions of this sub-clause.

20 UNIFORMS

20.1 Where special uniform items are required to be worn by the employer they will be r_ supplied by the employer to the employee in a good and clean condition and remain ~

the property of the employer. The employer's replacement policy will ensure that uniforms are able to be maintained to a reasonable standard. Employees shall supply (except for pantS) and wear pants, stockings, socks and shoes of a colour to be determined by the employer. Shoes shall have a rubber sole and full leather or vinyl

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upper.

20.2 Employees shall maintain all items in a clean, presentable and safe condition.

20.3 Where uniforms are supplied to an employee, a once only deposit of up to $35.00 (not exceeding the value of the uniform) shall be paid by the employee by means of $5.00 instalments withheld by the employer from the employee's wages during the first seven pay periods. This deposit shall be repaid to the employee on termination provided the uniforms issued to them are returned to the employer in good condition, fair wear excepted.

20.4 In lieu of such deposit, employers may withhold up to $35.00 (not exceeding the depreciated value of the uniform) from the termination payment due to any employee until such time as the employee returns any uniform in his or her possession in good condition, fair wear and tear excepted.

21.1

21 REIMBURSEMENT OF TRAVELLING EXPENSES OTHER THAN DELIVERY DRIVERS

Where at the employer's direction employees are required to temporarily transfer from one of the employer's establishments to another, they shall be entitled to the following:

(a) Any additional fare costs for using public transport,

or

any additional costs for private kilometerage, calculated on the basis of the amount per kilometre set out in the table at clause 7, Allowances.

(b) Payment of any additional travelling time at the ordinary time earnings rate except on Sunday and Public Holidays when payment shall be at time and one half.

Provided that such payments shall cease when the employee has been permanently transferred to the establishment.

21.2 Where an employee agrees to use their private vehicle on Company business the allowance detailed in.21.1(a) above shall apply.

22 LONG SERVICE LEAVE

22.1 As per State or Territory legislation except as provided under clause 18 of this agreement.

23 COMPASSIONATELEAVE

23.1 When a member of the employee•s immediate family (i.e. the employee's spouse, · parent, step-parent, foster-parent, son-in-law, daughter in law, parent-in-law, grandparent, grandparent-in-law, child, foster-child, step-child, grandchild, brother or

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sister), former de-facto or a member of the employee1s household -

23.1.1 contracts or develops a personal illness that poses a serious threat to his or her life; or

23.1.2 sustains a personal injury that poses a serious threat to his or her life; or

23.1.3 dies;

the employee shall be entitled to take compassionate leave for each such occasion, which shall not exceed three shifts. (Note extra leave may be available under the personal/ carer's leave provisions upon the death of a parent, spouse or children of the employee).

23.2 The employee may take compassionate leave if the leave is taken -

23.2.1 to spend time with the member of the employee1s immediate family or household who has contracted or developed the personal illness, or sustained the personal injury; or

23.2.2 after the death of the member of the employee1s immediate family or household referred to above.

23.3 A full-time, part-time or part-time flex employee shall be entitled to take paid leave for each such occasion. A casual employee's entitlement is to unpaid leave only.

23.4 The leave may be taken as -

23.4.1 a single continuous period of up to 3 days; or

23.4.2 up to 3 separate periods of 1 day each; or

23.4.3 any separate periods to which the employee and his or her employer agree.

23.5 If the occasion is the contraction or development of a personal ilfuess, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists.

23.6 Proof of the occasion shall be provided by the employee to the satisfaction of the employer, together with pro:of of attendance in the case of a funeral outside Australia.

23.7 Upon the death of an aunt or uncle, a full-time, part-time or part-time flex employee shall be entitled to paid compassionate leave based upon ordinary time earnings which shall not exceed 1 shift for attendance at the funeral. Proof of such death shall be provided by the employee to the satisfaction of the employer.

23.8 There shall be no entitlement to leave under this clause where an employee is absent from work on another form of approved leave.

24 PARENTAL LEAVE AND FLEXIBLE WORK ARRANGEMENTS

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24.1 Full-time employees, part-time employees, part-time flex employees and casual employees engaged on a regular and systematic basis who have at least twelve months continuous service shall be entitled to Parental Leave (unpaid Maternity, Paternity and Adoption Leave and the right to work part-time with the consent of the employer) in accordance with the National Employment Standards (NBS), from the commencement of this agreement.

24.2 Disputes over an employers refusal of an employees request to work flexible hours or return to work on a part-time basis under the NES shall be dealt with m accordance with clause 30 - Disputes Procedure.

25 JURY SERVICE

25.1 A full-time or part-time or part-time flex employee shall be allowed leave when required to attend for jury service. During such leave, the employee shall be paid the difference between the jury service fees received and the employee's ordinary time earnings (including loadings where applicable) as if working.

25.2 To receive payment, an employee shall provide to the employer:

25.3 proof of their requirement to attend jury service,

25.4 proof of actual attendance,

25.5 proof of jury fees received for such service.

25.6 The employee shall give the employer notice of such requirement to attend as soon as practicable after having received notification to attend for jury service.

25.7 The employer will not require the employee to attend for duty before or after attending for jury service so that the period of jury service and working time combined would exceed 8 hours per day or 5 days per week.

26 TERMINATION OF EMPLOYMENT ... WEEKLY EMPLOYEES

26.1 The employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).

26.2 An employer is required to give employees the following period of notice on termination, or the equivalent period of wages shall be paid in lieu:

Length of service 1 year and less More than 1 year and up to 3 years More than 3 years and up to 5 years More than 5 years

Notice entitlement 1 week 2weeks 3weeks 4weeks

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Employees over the age of 45 years are entitled to one extra week's notice if they have more than 2 years of continuous service with the employer.

26.3 Employees are required to give the employer one week's notice, or the equivalent period of wages shall be forfeited.

26.4 Probationary employees may terminate or be terminated without notice by either party during the first calendar month of their employment.

26.5 Where the employer has given notice of termination to an employee, an employee shall be allowed up to one shift off without loss of pay for the purpose of seeking other employment. The time off shall be taken at a mutually agreeable time.

26.6 Nothing in this clause shall affect an employer's right to dismiss an employee without notice as set out in clause 30, Disciplinary Procedure in which case an employee shall be entitled to be paid only to the time of instant dismissal.

26.7 Payment in lieu of notice shall be calculated using an employee's weekly ordinary time earnings.

26.8 Termination pay shall be paid on the next pay day after termination.

26.9 The employer shall, when requested, provide to the employee a written statement specifying the period of their employment and the classification of or the type of work performed by the employee.

27 ABANDONMENT OF EMPLOYMENT

Employees absent from work for a period of two consecutive days without the consent of the employer or without notification to the employer shall be deemed to have terminated employment without notice, unless the employee was unable, through no fault of his/her own, to notify the employer. The employer shall make reasonable efforts to contact the employee prior to treating the employment as terminated.

28 CONTINUITY OF EMPLOYMENT

With regard to service related entitlements of employees provided in this agreement, service shall be deemed to be continuous upon the sale or transfer of a business from one employer party to another who continues to employ the particular employee. No severance or redundancy payments will be required to be made where the employee continues to be employed on no less advantageous conditions.

29 COPY OF AGREEMENT

A copy of this agreement shall be provided to employees, one to each establishment.

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30 DISPUTES PROCEDURE

30.1 Any grievance or dispute that arises shall wherever possible be settled by discussions at the workplace between the employee and the employee's direct manager or supervisor.

30.2 If the matter is not resolved at this level the matter will be further discussed between the employee, the union delegate (if one exists), the employee's manager and the Area or other relevant Manager.

30.3 If no agreement is reached, the relevant union official and delegate (if one exists) will discuss the matter with the employer's representatives.

30.4 Should the matter still not be resolved it shall then and only then be referred to FW A in accordance with the Act. Note this does not provide for arbitration other than by agreement of the parties to the dispute.

30.5 Whilst the above procedure is being followed work shall continue normally without bans or limitations.

31 DISCIPLINARY PROCEDURE

31.1 Formal disciplinary action for dealing with substandard performance or misconduct involving employees shall be in accordance with the following procedure:

Counselling and Retraining

Where an employee's performance is substandard in the employer's opinion, formal disciplinary action should only be undertaken after the employee has had the opportunity of counselling and/ or retraining and also a review of expected performance standards.

In cases where an employee's performance continues to be substandard in the employer's opinion, the following steps will apply:

Step One: Initial Warning

Usually, an initial written or verbal warning will be issued in cases of continued substandard performance or minor misconduct.

Step Two: Final Written Warning

Usually, a final written warning will be issued in cases where substandard performance continues after the employee has previously received an initial warning, or for minor misconduct, or for serious misconduct where instant dismissal is not warranted.

Step Three: Dismissal

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Dismissal will usua~y follow when the employee has failed to comply with the final written warning.

Instant Dismissal

The employer may dismiss an employee without notice for serious misconduct at work including but not limited · to rudeness or abuse to customers, insubordination, dishonesty, drunkenness or being under the influence of illegal drugs, or Ln unauthorised possession of or misuse of drugs, in which case the employee shall be entitled to be paid up to the time of dismissal only.

31.2 All written warnings shall be placed on the employee's personnel file. The employee shall be requested to sign the warning. The employee shall be entitled to a copy of a warning upon request.

31.3 Warnings for substandard performance should include an improvement plan for the employee, stating the time frame for sustained improvement to occur.

31.4 The employee or employer, may require the presence of a representative or witness at the disciplinary interview.

32 SAFETY

32.1 Parties agree that safety in the workplace and the avoidance of injuries is of prime importance. The employer will ensure that adequate safety trainirig is provided to employees and employees will at all times conduct themselves in a manner which promotes a safe workplace.

32.2 Subject to Clause 19, Uniforms employers shall supply appropriate protective clothing and equipment as required and employees are required to wear such clothing and equipment

32.3 Employees shall report all injuries and safety concerns to the employer or their management representative as soon as is practicable. ·

33 ACCIDENT PAY

33.1 If following an injury, an employee receives workers' compensation under the applicable State or Territory legislation, then that compensation payment shall be increased by the employer to the amount of the ordinary time weekly rate prescribed by this agreement for the average rostered hours worked by the employee at the time of the accident. This payment made by the employer will be limited to a maximum period of 26 weeks from the date of the accident or injury.

33.2 The provisions of this clause shall not apply in respect of any injury during the first 7

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34 FACILITIES

34.1 The employer shall where reasonably practicable provide facilities (such as lockable lockers) so that personal possessions of employees who are working can be secured. This shall not indicate liability on the part of the employer for loss of an employee's possessions.

34.2 The employer shall provide a noticeboard or section of a notice board for the display of union notices authorised by the Branch Secretary of the Union. Such union notices shall be shown to management prior to placement on the noti.ceboard. Management is·not obliged to permit offensive material to be placed or remain on the noticeboard.

35 FLEXIBILITY TERM

3·5.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

35.1.1 the agreement deals with 1 or more of the following matters-

35.1.1(a) 35.1.1(b) 35.1.1(c) 35.1.1(d) 35.1.1(e)

arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading; and

35.1.2 the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph 35.1.1; and

35.1.3 the arrangement is genuinely agreed to. by the employer and employee.

35.2 The employer must ensure that the terms of the individual flexibility arrangement-

35.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and

35.2.2 are not unlawful terms under section 194 of the Fair Work Act2009; and

35.2.3 result in the employee being better off overall than the employee would be if no arrangement was made.

35.3 The employer must ensure that the individual flexibility arrangement

35.3.1 is in writing; and

35.3.2 includes the name of the employer and employee; and

35.3.3 is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

35.3.4 includes details of-

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35.3.4(a) the terms of the enterprise agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and 35.3.4(b)

35.3.4(c) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

35.3.4(d) states the day on which the arrangement commences.

35.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

35.5 The employer or employee may terminate the individual flexibility arrangement-

35.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or

35.5.1 if the employer and employee agree in writing - at any time.

36 CONSULTATION

36.1 This term applies if-

36.1.1 the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and

36.1.2 the change is likely to have a significant effect on employees of the enterprise.

36.2 The employer must notify the relevant employees of the decision to introduce the major change.

36.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.

36.4 If

36.4.1 a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

36.4.2 the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

36.5 As soon as practicable after making its decision, the employer must -

36.5.1 discuss with the relevant employees:-

36.5.1(a) 36.5.1(b)

the introduction of the change; and the effect the change is likely to have on the employees; and

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

36.5.2 for the purposes of the discussion - provide, in writing, to the relevant employees-

36.5.2(a) all relevant information about the change including the nature of the change proposed; and

36.5.2(b) information about the expected effects of the change on the employees; and

36.5.2(c) any other matters likely to affect the employees.

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

36.7 · The employer must give prompt and genuine consideration to matters raised about

36.8

the major change by the relevant employees.

If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in sub--clauses 36.2, 36.3 and 36.5 are taken not to apply.

36.9 In this term, a major change is likely to have a significant effect on employees if it results in-

36.9.1 the termination of the employment of employees; or

36.9.2 major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or

36.9.3 the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

36.9.4 the alteration of hours of work; or

36.9.5 the need to retrain employees; or

36.9.6 the need to relocate employees to another workplace; or

36.9.7 the restructuring of jobs.

36.10 Iri this term, relevant employees means the employees who may be affected by the major change.

37 TRADE UNION TRAINING LEAVE

37.1 This clause shall not apply to an e$tablishment where less than 300 ordinary hours per week are worked by employees under this agreement.

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37.2 Subject to the conditions of this clause, duly elected union delegates shall be granted up to five days unpaid leave each calendar year, non cumulative, to attend courses conducted or approved by the Union and/ or Trade Union Training Australia Inc. which are designed to promote good industrial relations and industrial efficiency in the retail industry.

37.3 Each year the Union shall detail to the employer in writing in each state and territory, scheduled dates for training seminars. Such details shall be provided to the employer not less than one calendar month before the intended seminars, or such lesser period as may be agreed between the employer and the Union.

37.4 Written requests to attend training seminars by delegate(s) shall be made to the employee's direct management between four and eight weeks prior to the date of commencement of the course. Where possible, the maximum amount of notice shall be given. If less than four weeks notice is given, leave need not be granted by the employer. ·

37.5 Once requests are received, leave shall be granted by the employer, subject to the employer's ability to maintain normal operating requirements. Requests for leave will not be unreasonably denied.

37.6 Except in the case of a new restaurant o.pening, only employees who have completed six months continuous service with the employer shall be eligible for leave pursuant to this clause.

37.7 Leave granted pursuant to this clause shall count as service for all purposes of this agreement.

37.8 On completion of the course the employee shall, upon request, provide to the employer proof of their attendance at the seminar, and an outline of the course content.

37.9 Employees granted leave pur8uant to this clause shall, upon request, inform the employer after the completion of the seminar of the nature of seminar and their observations on it.

38. SEXUAL HARASSMENT

38.1 It is ackriowledged that sexual harassment in the workplace is totally unacceptable and the parties undertake to take whatever steps are necessary to prevent such practices.

38.2 The employer shall immediately investigate any complaint and every endeavour made

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to resolve the matter promptly. r 39. UNION DELEGATE

An employee elected as Union delegate in the establishment in which he or she is employed shall upon written notification by the Union organiser to the employer's local management representative be recognised as the accredited representative of the Union.

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41. UNION RECOGNITION AND UNION MEMBERSHIP

41.1 The employer recognises the Shop, Distributive and Allied Employees Association as being a Union that has representation of employees who are covered by this agreement. This representation will extend to all terms and conditions of employment covered by this agreement,

41.2 It is the policy of the employer that aU its employees subject to this agreement shall joh1 the Union. Accordingly, the employer undertakes to positively promote union membership by recommending that all employees join the Shop, Distributive and Ailied Employees Association.

41.3 All employees, including new employees at the point of recruib.nent, shall be given an application form to join the Union together with a statement of the employer's policy.

41.4 The employer undertakes upon authorisation to deduct Union membership dues as levied by the Union in accordance with its rules from the pay of employees who are members of the Union. Such monies collected will be forwat•ded to the appropriate branch of the Union at the beghming of each month together with all necessary information to enable the reconciliation and crediting of subscriptions to members' accounts.

42. SIGNATURES

Signed fat and on behalf of the _:-:~z Shop, Distributive and Allied ~ Employees' Association

Date

Signed for and on behalf of Kentucky Flied Chicken Pty Ltd and the Franchisee's listed in Sche.dule A of this Agreement

Date

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SCHEDULE A: KFC PARTIES

Company Name A.C.N./A.B.N Company Address Beanda Pty Ltd 74 108 655 107 107-111 Church Street Mudgee

Bluepetals Pty Ltd 083 832 526 PO Box 17 5, Pennant Hills, NSW, 1715

Bookah Pty Ltd 29 485 700 240 PO Box 2133, Geelong 3220 Chrikim Pty Ltd 39 242 582 779 PO Box 9, Albury NSW 2640

Colonel West Pty Ltd 50 191 205 096 Levell, Suite 1, 1 Sobraon Street, Shepparton VIC 3630

Coshbeau Pty Ltd 087 575 111 66 Valepark Drive, Donvale, Victoria, 3111

D&B Arnalda Pty Ltd 087 947 439 3 Falcon Crest, Wheelers Hill, Victoria, 3150

Delah Hamilton Pty Ltd 48 844 657 883 PO Box 1465, Warrnambool, Victoria, 3280

Dijaja Pty Ltd trading 96 056 371 763 PO Box 1465, Warrnambool, Victoria, 3280

DKEPtyLtd 37 401 960 214 3 Riveroak Drive, Mardi, NSW, 2259 Fishfood Holdings Pty 51 090 060 638 PO Box 836 Baulkham Hills, NSW

Limited 1775 G&P Wu Pty Ltd 30 133 794 528 25 Hyde Park Court, Wattle Grove,

NSW, 2173 Geoff Wright Corp Pty Ltd 83 054 814 005 PO Box 9, AlburyNSW 2640 Graham Ford Enterprises 11 072 319 487 PO Box 323 Chirnside Park, 8116

PtyLtd Hazeltene Enterprises Pty 089 723 384 56 Cassia Street, Barrack Heights

Ltd NSW JKH Restaurants P_ty Ltd 32 706 012 676 125 Palmer Street, Dubbo, NSW

Karista Developments Pty 071577 690 1509 Dandenong Road, Oa]deigh Ltd 3166

Kayefsteve Pty Ltd 33 344 084 517 Levell, Suite 1, 1 Sobraon Street, . Shepparton VIC 3630

Kozpat Pty Ltd 81 596 584 041 7 Hampstead Gree, Caroline Springs, . Victoria, 3023

Lincron Pty Ltd 64 003 415 790 23 Forsythe Parade, Black Hill, NSW,2322

MadyPtyLtd 97 913 110 723 12 Albany Road, East Oakleigh, Victoria, 3166

Mettle Pty Ltd 81 475 428 495 PO Box 2133, Geelong 3220 Moonynight Pty Ltd and 81 369 097 975 3 Carramar Close, Brandy Hill, NSW,

Rainystar Pty Ltd 2324 (Raymond Family

Partnership) Mykspen Pty Ltd 74 103 231250 Suite 250, 117 Old Pittwater Road,

. Brookvale, NSW, 2100 Mylora Holdings Pty Ltd 95 516 796 049 38 Caithwill Court, Narre Warren Nth

Nou Camp Pty Ltd 132 446 667 1 OOB Moate A venue, Brighton Le Sands, NSW

Oceantime Pty Ltd 083 832 446 PO Box 175, Pennant Hills, NSW, 1715

One One Pty Ltd 47 008 651 581 30 Laguna Place, Port Macquarie, NSW,2444

Oshamma Pty Ltd 38 429 745 857 8/45 Sutherland Street, Cremome,

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NSW Pomonal Pty Ltd 29 498 724 073 PO Box 2133, Geelong 3220

QSRPtyLtd 63 089 163 682 46 McCauley Street, Alexandria, NSW

Rigel Portland Pty Ltd 65 757 272 357 PO Box 1465, Warrnambool, Victoria, 3280

RTR Restaurant Pty Ltd 084 743 822 3 Frognal Mews, Berwick, Victoria, 3806

Rusha Pty Ltd 55 094 414 865 3 Carramar Close, Brandy Hill, NSW, 2324

Samesa Pty Ltd 59 002 717 553 8/45 Sutherland Street, Cremome, NSW

Sangor Pty Ltd 19 642 201 795 PO Box 1465, Warrnambool, Victoria, 3280

Sedar Warmambool Pty Ltd 28 052 292 875. PO Box 1465, Warrnambool, Victoria, 3280

Shayden Nominees Pty Ltd 082 950 856 15 Mundarra Road, Echuca, Victoroa, 3564

Soertsz Trading 094 414 874 PO Box 175, Pennant Hills, NSW, Corporation Pty Ltd 1715

Southern Restaurants (VIC) 96 130 128 516 PO Box 1400, Glen Waverley PtyLtd

Stephkon Pty Ltd 86 806 007 133 Level 4, 313 Latrobe St, Melbourne Vic 3000

Teritz"Enterprises Pty Ltd 15 111 303 461 56 Cassia Street, Barrack Heights NSW2528

Terrivic Pty Ltd 069 733 062 PO Box 400, Shepparton, Victoria, 3632

Toronton Pty Ltd - 43 732 438 538 PO Box 2133, Geelong 3220 Bellarine Ollies Unit Trust Toronton Pty Ltd- Co lac 78 709 717 747 PO Box 2133, Geelong 3220

Unit Trust Tridas Pty Ltd 006 963 533 PO Box 400, Shepparton, Victoria,

3632 Vida. Rica Pty Ltd 41 101 412 220 10/201 Waterloo Road, Marsfield,

NSW Westpark Operations 11 949 495 364 Levell, Suite 1, 1 Sobraon Street,

Shepparton VIC 3630

Kentucky Fried Chicken 79 000 587 780 Level 2, 20 Rodborough Road PtyLtd Frenchs Forest NSW 2086

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SCHEDULE B: DISABLED WORKERS

1. Workers Eligible for a Supported Wage

This schedule defines the conditions which will apply to employee~ who because of the effects of a disability are eligible for a supported wage nnder the terms of this agreement. In the context of the schedule, the following definitions will apply:

. 1.1 "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full agre·ement wages because of a disability, as documented in [Supported Wage System: Guidelines and Assessment Process].

1.2 11 Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

1.3 "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

1.4 11 Assessment instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

2. Eligibility Criteria

Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

The schedule does not apply to any existing employee who has a claim against the employer which is subject to the proVisions of workers' compensation legislation or any provision of this agreel;llent relating to the rehabilitation of employees who are injured in the course of their current employment.

The schedule does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in (· receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Act, or if a part ~-.. _· only has received recognition, that part.

3. Supported Wage Rates

Employees to whom this schedule applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this agreement for the class of work which the person is performing, according to the following ~chedule:

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KFC NA-TIONAL ENTERPRISE AGREEMENT 2009

Assessed ca12aci:tt % of 12rescribed agreement rate

10% 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90%

Provided that the minimum amount payable shall be not less than $71.00 per week and where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

4. Assessment of CaJ2acity

For the purpose of establishing the percentage of the agreement rate to be paid to an employee under this agreement, the productive capacity of the· employee will be assessed after consultation with the employee in accordance with the Supported Wage System and documented in an assessment instrument by either:

the employer and the union, or

the employer and an accredited Assessor.

5. Assessment Instrument

All assessment instruments shall be agreed and signed by the parties to the assessment.

6. Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

7. Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the schedule will be entitled to the same terms and conditions of employment as all other workers covered by this agreement paid on a pro rata basis.

8. Workplace Adjustment

An employer wishing to employ a person under the provisions of this schedule shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of the job duties, working time arrangements and work orgariisation in consultation with other workers in the area.

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9. Trial Period

9.1 In order for an adequate assessment of the employee's capacity to be made,. an employer may employ a person under the provision of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjusbnent time (not exceeding 4 weeks) may be needed.

9.2 During the b.'ial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

9.3 The minimum amount payable to the employee during the trial period shall be no less than $71.00 per week.

9.4 Work trials should include induction or training as appropriate on the job being trialled.

9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause 4, Assessment of Capacity.

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SCHEDULE C: REDUNDANCY- WEEKLY EMPLOYEES

1. Redundancy

Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

2. Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the employee shall be entitled to the same period of notice of transfer as they would have been entitled to if they had been terminated, and the employer may make payment in lieu thereof of 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.

3. Severance Pay

In addition to the period of notice provided in clause 26 - Termination of Employment -Weekly Employees, a permanent employee whose employment is terminated for reasons set out above shall be entitled. to the following amount of severance pay in re:spect of a continuous period of service:

Period of Continuous Service Less than 1 year 1 year and less than 2 years 2 years and less than 3 years 3 years and less than 4 years

. 4 years and less than 5 years 5 years and less than 6 years 6 years and less than 7 years 7 years and less than 8 years 8 years and less than 9 years · 9 years and less than 10 years 10 years and over

Severance pay Nil 4weeks' pay

. 6 weeks' pay 7weeks' pay 8 weeks' pay 10 weeks' pay 11 weeks' pay 13 weeks' pay 14 weeks' pay 16 weeks' pay 12 weeks' pay

An employee of a small employer as defined whose employment is terminated by. reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service

Period of Continuous Service Less than 1 year 1 year and less than 2 years 2 years and less than 3 years . 3 years and less than 4 years 4 years and over

Severance pay Nil 4weeks' pay 6weeks' pay 7weeks' pay 8weeks' pay

The scale of severance payments set out above will be multiplied by 1.25 for employees who are 45 years of ~ge and over and who have one year or more continuous service with the employer at the time of termination.

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"Weeks pay" means the ordinary time rate of pay for the employee concerned.

"Small employer" means an employer who employs fewer than 15 employees.

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

The payments do not apply under the situations under s.122 of the Act, that is, where -

3.1 the employer obtains other acceptable ~mployment for the employee; or

3.2 where in a transfer of employment situation, if the second (new) employer recognises the employee•s service with.the first (old) employer; or

3.3 the employee rejects an offer of employment made. by another employer (the second employer ) that

(a) is on terms and conditions substantially similar to, and, considered on an . overall basis, no less favourable than, the employee's terms and conditions of employment with the first employer immediately before the termination;

(b) and recognises the employee's service with the first employer; and

(c) had the employee accepted the offer, there would have been a transfer of employment in relation to ~e employee.

4. Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in clause 1 above may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payment under this schedule had he or she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

5. Time Off During Notice Period

5.1 During the period of notice of termination given by the employer an ~mployee 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.

5.2 lf 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 employer, be required to produce proof of attendance at an interview or they shall not receive payment for the time absent.

5.3 For this purpose a statutory declaration will be sufficient.

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6. Employees Exempted

This schedule shall riot apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the. case of casual employees or employees engaged for a specific period of time or for a specified task or tasks. ·

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[2009] fwaa 1639...kfc national enterprise agreement 2009 2. scope this agreement shall apply to...

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