Restaurant Brands Limited Collective Agreement – Stores Terms of Settlement – 16 May 2012

21 May

Restaurant Brands Limited Collective Agreement – Stores

Terms of Settlement – 16 May 2012

1.2 COVERAGE

The clause is amended by deleting the following provision in paragraph 2:

“and the parity provision for KFC Gold Star and LAS rates with Pizza Hut”

The clause is further amended by adding the following provision to the first paragraph

KFC, Pizza Hut and Starbucks stores ………… and the RBL Call Centre,… throughout New Zealand

The clause is further amended by the following provision to the second paragraph

The parties agree that the Employer is authorised to pass on the terms and conditions of this Agreement to non-union employees with the exception of the payment relating to the Unite Union Member Benefit Trust.

1.3 NEW EMPLOYEES

Noted in Terms of Settlement: The parties have agreed to the development of a new pre-employment letter and choice for CA or IEA. Draft letter as provided by the Union for RBL’s review.

1.4 INDUCTION PERIOD

The clause is amended by adding the following provision to remove the confusion regarding the interpretation of “frustration his/her contract”.

“If an employee is unable to work on the days and times agreed at the commencement of employment, the employee’s employment may be subject to termination as the employee is not able to fulfill the working hour’s requirements.”

Noted in Terms of Settlement: The employer did not propose a 90 day trial period.

1.5 TERM

A one year term to expire at 31 March 2013.

3.2 PAYMENT OF WAGES

The clause is amended by adding the following provision:

“Employees will be provided with a pay slip via email or self-service portal (from date of implementation).”

Noted in Terms of Settlement: The Parties agree that a pay slip can be printed at the Store, and that training will accompany the self-service portal rollout.

5.1 HOURS OF WORK

The clause is amended by adding the following provision:

“An early shift finish will require mutual agreement between the Employer and the Employee.”

5.2 ROSTER

The clause is amended by deleting paragraph 2 and adding the following provision:

“Rosters shall be placed for all staff to see on a Tuesday. The roster will confirm employee hours of work for the following 7 seven days and provide initial notice of the employee hours of work for the succeeding period seven days.”

5.2.1 ROSTER PROTOCOL

The clause is amended by adding the following provisions:

“Where existing Employee(s) are unable to or choose not to be available for additionally offered hours of work, the Employer will have the right to recruit additional employees to cover such hours”.

“Students will be rostered up to 20 hours per week subject to availability of both the hours and the employee.”

5.3 MEALS AND REST BREAKS

The clause is amended by deleting the current wording and inserting the following provision:

“All employees are entitled to take rest and meal breaks, in accordance with the clauses below. It is the Company’s view that employees must take all of their entitled breaks and that store management is responsible for ensuring all employees are provided with their entitled breaks. The timings of rest and meal breaks can be flexible and can follow any arrangement agreed between the Employer and the Employee. In the absence of agreement between the Employer and the employee as to when rest and meal breaks may be taken and, so far as is practicable and reasonable, the following sets out when breaks will be taken.

(a) For Shifts of Two Hours or more, but not more than Four Hours, entitlement is:

• One paid 15 minute rest break.

The rest break is to be taken in the middle of the shift.

(b) For Shifts of more than Four Hours, but not more than Six Hours, entitlement is:

• One paid 15 minute rest break; and

• One unpaid 30 minute meal break.

The rest break is to be taken one third of the way through the shift.

The meal break is to be taken two thirds of the way through the shift.

(c) For Shifts of more than Six Hours, but not more than Eight Hours, entitlement is:

• Two paid 15 minute rest breaks; and

• One unpaid 30 minute meal break

The rest breaks are to be taken half way between the start of the shift and the meal break and the other to be taken half way between the meal break and the finish of the shift.

The meal break is to be taken in the middle of the shift.

(d) For Shifts of more than Eight Hours, entitlement is:

  • If more than an eight hour period is worked, these requirements automatically extend to cover the additional hours, on the same basis/formula, as the above”.

New Clause – Free Meal On Shift (KFC Employees Only):

  • KFC only employees will receive a ‘free’ meal (i.e. a burger & drink option or a salad & drink option) on each qualifying shift that is to be purchased and consumed during the break of each qualifying shift, in accordance with the Company’s Consumption of Food & Drink Policy. A qualifying shift occurs when the employee works a shift of 4 or more hour’s duration and entitlement occurs for an unpaid half hour break.
  • During each entitled 15 minute break, KFC only employees can enjoy one ‘free of charge’ Regular Postmix Drink.

6. OVERTIME

Amend by deleting paragraph 5 (Overtime Waiver)

7. UNIFORMS

The clause is amended by:

Deleting the first paragraph and adding the following provision:

“Uniforms will be provided and worn in accordance with the Employer’s Uniform Policies / Dress Code Policy.

Delete paragraphs 4, 5, 6 and 8 and retain the following paragraphs

An employee shall wear the complete uniform supplied by the Employer and shall maintain it in a clean and presentable condition.

The Employer reserves the right to change the uniform policy and standards at any time. The employer will give an employee reasonable notification in writing.

If any Employee fails to return his/her uniform, the Employer may withhold an amount equivalent to the depreciated value of the uniform from his/her termination payment, until such time as he/ she returns the uniform in his/her possession in god condition (fair wear and tear excepted)”.

Noted in the Terms of Settlement: that paragraph 6 will still be honoured in the case of any future claims from employees employed prior to 27th March 2006.

8. ANNUAL HOLIDAYS

Noted in the Terms of Settlement: the Employer’s policy is not to cash up annual leave.

8.3 PUBLIC HOLIDAYS

Noted in Terms Of Settlement: for clarification Public Holidays start at midnight, plus one minute.

8.4 SICK AND BEREAVEMENT LEAVE

The clause is amended by adding the following provision:

“ Where there is a pattern of absence or where the employer has reasonable cause to question the absence the Employer may also request a medical certificate where an Employee is sick within three days provided that the Employer gives notice of this requirement as soon as possible to the Employee and pays for the cost of obtaining the medical certificate”.

10.1 RESIGNATION

The clause is amended by adding the following provision:

“Failure by the Employer or the Employee to give the required period of notice shall result in the payment of wages in lieu or forfeiture of the deficit period”.

10.2 TERMINATION

The clause is amended by adding the following provision:

“Failure by the Employer or the Employee to give the required period of notice shall result in the payment of wages in lieu or forfeiture of the deficit period”.

10.4 REDUNDANCY & EMPLOYEE PROTECTION PROVISION

The clause is amended by adding the following provision:

“Where the Employee does not work out the notice or part of the notice the Employee will not be paid for the unworked notice period.

Noted in Terms of Settlement: The employer has provided to the Union the process the Employer follows for PH Franchised Stores and for other change processes. This process includes the opportunity for redeployment to other RBL Stores.

12. CONFLICT OF INTEREST

The clause is amended by adding the following provisions:

“It is agreed that it will be a conflict of interest for the Employee to work for a direct competitor of the Employer. Any breach of this clause shall provide the basis for disciplinary action up to and including termination of employment”.

13. CONFIDENTIALITY

The clause is amended by adding the following provision:

“It is agreed that it will be a breach of confidentiality for an employee to post or otherwise communicate company information via social media, e.g. promotions, marketing campaigns, financial information and performance information.

Any breach of this clause shall provide the basis for disciplinary action up to and including termination of employment”.

17. GOOD EMPLOYER

Noted in the Terms of Settlement: The employer will add a series of employee checks to the monthly RISK Audit process.

18. SEXUAL HARASSMENT

The clause is amended by the following provision:

Amend the clause title to “Harassment” only

The clause is amended by deleting the current wording and adding the following provisions:

“It is acknowledged that sexual harassment and harassment generally is totally unacceptable. The Employer will undertake whatever steps are necessary to prevent such behaviour”.

“The Employer shall promptly investigate any complaint.”

“Please refer to the Employer’s Harassment Policy”

Noted in Terms of Settlement:

The Company commits to an education program.

19. SAFETY

The clause is amended by the following provisions:

Amend paragraph 3 to provide for “work related injury or illness”.

The clause is amended further by adding the following provisions:

“Where practicable, the Employer will participate in and support any ACC rehabilitation programs for non-work injury or illness.”

“Where an employee has a concern regarding physical safety as it relates to the Store, the employee may initiate a security review with the Store Manager in the first instance.”

Noted in Terms of Settlement:

Company will provide the Union with a briefing and documentation for the process for dealing with safety hazards, an Approved Health and Safety participation policy with elected representatives.

First Aid boxes are provided in all stores.

CRISIS MANAGEMENT AND WAGES PAYMENT POLICY

Noted in Terms of Settlement:

For clarity the company has provided to the Union the RBL Crisis Management and Wages Payment Policy.

COLLECTIVE AGREEMENT ALLOWANCE

This clause is will be deleted and replaced, subject to agreement, by the Restaurant Brands Limited (RBL) and Unite Union Memorandum of Understanding.

WAGES AND ALLOWANCES (EFFECTIVE FOR 2ND YEAR)

Amend by deleting this clause.

QUARTERLY MEETING

Noted in Terms of Settlement:

1. The parties acknowledge KFC Operations Council as being a representative body for operational issues to be raised and resolved. The parties agree that Unite Union Officials x 2 can attend the Council meetings.

2. The parties agree to a quarterly meeting between Union Officials and Brand General Managers and HR Manager.

SCHEDULE A

1. Hourly rates of pay (Amend Collective as required at 1 April 2012)

KFC – 2.5% on all rates, except for base rate which has moved to $13.50 (as per legislation).

Parity for the Union / Non-Union rates for KFC

Pizza Hut – 2.0% on all rates except for base rate which has moved to $13.50 (as per legislation).

Starbucks – 2.0% on all rates, except for base rate which will remain at $13.77

Call Centre – 2% on all rates.

2. Application of pay rates

Noted in Terms of Settlement:

Shift Supervisors will be paid for all hours worked and will not be clocked out until they have physically finished work.

Prohibition of food being used to pay for ‘off the clock’ work. (Now noted in RBL Disciplinary Process as Serious Misconduct).

3. Allowances at 1 April 2012

KFC 2% on all allowances

Pizza Hut 2% on all allowances

Starbucks 2% on all allowances

Call Centre – $1.50 per hour – add Higher Duties allowance (new). “Where an employee is required to step up to the Team Leader role for one complete shift or more, the employee will be an additional $1.50 per hour.”

Noted in Terms of Settlement:

The Employer provides a range of access to food, heating facilities, fridges, water, tea and coffee, depending on the Brand and Store Structure.

Schedule A – Remuneration

1. HOURLY RATES OF PAY – Effective 1st April 2012

KFC
Role Training / Skill Level(Upon completion & RBL sign-off) Hourly Rate
Team Member Base $13.50
Team Member Gold Star $14.46
Team Member LAS $15.10
Shift Supervisor – Sole Charge LAS $19.70(This rate includes base rate and the sole charge allowance listed under allowances)
Pizza Hut
Role Training / Skill Level(Upon completion & RBL sign-off) Hourly Rate
Team Member Base $13.50
Team Member Expert Gold $14.26
Team Member LAS $14.89
Shift Supervisor – Sole Charge LAS $18.16 (This rate includes base rate and the sole charge allowance listed under allowances)
Starbucks Coffee
Role Training / Skill Level(Upon completion & RBL sign-off) Hourly Rate
Barista – Entry Entry Level $13.77
Barista – Certified Core 1 & Core 2 $14.76
Barista – Certified LTL $15.36
Shift Supervisor – Sole Charge LTL $18.63(This rate includes base rate and the sole charge allowance listed under allowances)
Shift Supervisor – Sole Charge LTL – plus RMT $19.93(This rate includes base rate and the sole charge and RMT allowances listed under allowances)
Call Centre
Role Training / Service Level(Upon completion & RBL sign-off) Hourly Rate
Trainee Customer Service Agent Upon completion of 3 months service $13.50
Customer Service Agent After 3 months completion of service $14.17

2. APPLICATION OF PAY RATES

Sole Charge – Shift Supervisor

‘Sole Charge’ occurs when the Shift Supervisor is ultimately responsible for the direction and management of rostered staff, product quality, food safety, customer flow and customer needs, including service recovery and resolving customer complaints, during a shift.

If rostered as a Shift Supervisor responsible for running a shift (as above), the employee remains in this position for the duration of the rostered period and is paid accordingly, regardless of other management on site. Examples of eligible Shift Supervisors, who have entitlement to claim the Sole Charge Allowance, are as follows:

  • Rostered as Shift Supervisor, i.e. responsible for running a shift (as above);
  • Rostered as a Team Member, however, upon commencing a shift is asked to run the shift (as above) in the absence of the rostered Shift Supervisor, resulting in the employee becoming the Shift Supervisor for that specific shift.

3. ALLOWANCES

(In addition to Hourly Rates of Pay) (Some wage rates are inclusive of the allowances set out below)

KFC
Shift Supervisor – Sole Charge AllowancePayment is payable for the hours worked in a sole charge capacity. $4.58 per hour(in addition to base rate)
Late Shift AllowanceAn allowance shall be paid to eligible Employees for time worked after midnight. $0.34 per half hour(in addition to base rate)
Higher Duties AllowanceAn allowance is payable for the time an Employee works in a role with increased responsibilities, as determined and authorised by their Store Manager. $0.68 per hour(in addition to base rate)
Pizza Hut
Shift Supervisor – Sole Charge AllowancePayment is payable for the hours worked in a sole charge capacity. $3.26 per hour(in addition to base rate)
Late Shift AllowanceAn allowance shall be paid to eligible Employees for time worked after midnight. $0.34 per half hour(in addition to base rate)
Higher Duties AllowanceAn allowance is payable for the time an Employee works in a role with increased responsibilities, as determined and authorised by their Store Manager. $0.68 per hour(in addition to base rate)
Starbucks Coffee
Shift Supervisor – Sole Charge AllowancePayment is payable for the hours worked in a sole charge capacity. $3.26 per hour(in addition to base rate)
Retail Management Training (RMT) Allowance $1.31 per hour(Paid in addition to Shift Supervisor Sole Charge Allowance and Hourly Base Rate)
Late Shift AllowanceAn allowance shall be paid to eligible Employees for time worked after midnight. $0.34 per half hour(in addition to base rate)
Higher Duties AllowanceAn allowance is payable for the time an Employee works in a role with increased responsibilities, as determined and authorised by their Store Manager. $0.68 per hour(in addition to base rate)
Call Centre
Higher Duties AllowanceAn allowance is payable for the time an Employee works in a role with increased responsibilities, as determined and authorised by their Team Leader. $1.50 per hour(in addition to base rate)

SCHEDULE B:

The clause is amended by deleting the current wording and adding the following provisions:

“The employer has disciplinary procedures that acknowledge and encompass current law and acceptable employment relation’s practices. A procedure based on progressive discipline is implemented for misconduct or correcting unsatisfactory job performance. Refer to the Company’s Disciplinary Policy for detailed information.

1. Progressive Disciplinary Steps & Termination

a) After a performance or behavioural issue has been identified and appropriate coaching and counselling has taken place, the process will be:

  1. Written WarningA written warning is issued in cases of substandard performance or misconduct.An action plan outlining what changes need to be made, actions taken and by when, will be put together by the Manager with the employee. (This may be included within the warning letter). The warning will state that a further breach may result in a final written warning.
  1. Final Written WarningThis will result if the problem identified by the first written warning has not been corrected, or wilful breach of Company policy or procedure. The warning will state that a further breach will result in termination. This will be the final request for the problem to be rectified, with a further action plan agreed upon.
  2. TerminationTermination will result if progressive disciplinary steps do not result in acceptable job performance or rectification of misconduct, or for serious misconduct.

b) The procedure for each instance of misconduct regardless of the stage in the formal process is the same.

c) All written warnings shall be fully documented and placed on the employee’s personnel file and a copy will be provided to the employee on request.

d) The employer may suspend an employee where there is suspected serious misconduct and further investigation is required. The suspension will be on full pay and will only be of the minimum duration necessary for a proper investigation. The ability to suspend shall not be invoked unless the employee has first been given an opportunity (which may be brief) to make any submissions on the appropriateness of suspension.

e) Serious misconduct may result in summary dismissal without notice, in which case the employee shall be entitled to be paid up until the time of dismissal.

f) Warnings are not limited to repetitions of the same or a similar offence and may be applied to offences of a different nature.

2. Misconduct and Serious Misconduct

a) Examples of misconduct for which warnings may be issued include but are not limited to:

 Being discourteous to any other employee, customer or client.

 Aggressive/argumentative behaviour.

 Using abusive language that may cause offence to another person, while at work.

 Failure to report any accident or personal injury occurring at work, no matter how minor the incident.

 Careless or indifferent performance of duties.

 Poor timekeeping or failure to meet assigned deadlines.

 Not wearing appropriate uniform.

 Wilful waste of time or material.

 Failure to comply with the Employer’s housekeeping requirements as stipulated.

 Failure to comply with the Employer’s Policies and Procedures.

b) Examples of serious misconduct that may result in instant dismissal include but are not limited to:

 Smoking in a non-smoking area.

 Breach of confidentiality.

 Insubordination.

 Failure to obey a lawful and reasonable work instruction or direction given by the Employer.

 Breach of the Employer’s policies and procedures.

 Being in possession of, or under the influence of, or consuming or selling drugs or alcohol, in the workplace.

 Operating a company vehicle in an irresponsible manner which results in serious unsafe practices or damage to the Employer, customer, other employee, or any other person’s property. Unauthorised use of Employer equipment or vehicles.

 Negligence, or deliberate act, or irresponsible use of fire protection or safety equipment or protective clothing, which may affect the safety of the employee or other employees or results in a serious safety or damage situation, including the removal of any safety devices.

 Deliberate damage to Employer, customer, employee or another employee’s property.

 Harassment. Behaviour that is offensive to any employee, supplier and other business contacts.

 Theft and / or Fraud.

 Unauthorised possession and/or movement of Employer, customer or other employee’s property. This includes out of life, waste or damaged items.

 Dishonesty (including fraud or misleading through the deliberate provision of inaccurate information or deliberate omission of information).

 Falsification, misreporting, or being party to falsification, of any Employer, document or record (whether electronic or otherwise).

 Violent, abusive (physical or verbal) or rude behaviour.

 Food safety critical breaches.

 Unauthorised clocking out by Management of employees.

 Unauthorised issuing of food instead of monetary payment, for hours worked.

 Any behaviour, whether work related or private, which is likely to:

 Impact in a negative way on the employee’s credibility, integrity or trustworthiness; or

 Damage the reputation of the Employer.

3. Disciplinary Procedure

4.1 Preparation for Investigation / Disciplinary Meeting:

The Manager is to provide written notification of the requirement to attend an investigation and/or disciplinary meeting, where practicable at least 24 hours in advance. The Investigation/Disciplinary Invitation Letter must contain the following information:

o Whether the alleged matter is potentially misconduct or serious misconduct, based on the initial information to hand; and

o The employee has the right to have a support person or representative present and the details of the Employer’s representatives; and

o Disclosure of all relevant information including details of the allegation(s) and all documentation that will be relied on during the Disciplinary; and

o What the possible outcome may be; and

o The time, date, and place for the meeting to be held.

o That the matter will be fully investigated and the employee’s explanation(s) will be given their due consideration before any decisions are made regarding any actions the Company may take.

4.2 At the Investigation / Disciplinary Meeting:

  • The Manager will have a Company representative attend the meeting who will be responsible for takings notes.
  • At the start of the meeting where an employee does not have a representative/witness/support person present, the employee will be offered the opportunity to have a representative/witness/support person present. (This may require a postponement).
  • All information of any alleged breach(es), including all documentation, video footage will be presented to the employee, so that he/she may provide his/her feedback.
  • The Manager will ascertain that the employee understands what is required of him/her e.g. performance standards, timekeeping, etc.
  • The Manager will ask for any reasons/explanations the employee may have for allegedly failing to meet the required standards.
  • The Manager will listen to the employee’s response(s) and ask questions to clarify any points.
  • Once all sufficient information has been obtained, the meeting will be adjourned, to allow the Manager the opportunity to consider all the information and subsequently make a decision about what action, if any, to take. If any new information becomes available during the meeting or the adjournment, this new information will be put to the employee, or the Employer. The Manager will listen to the employee’s response(s) and ask questions to clarify any points. The Manager will then adjourn the meeting to consider the new information and the employee’s responses.
  • The Manager will then undertake any further investigation required. (This may require an adjournment until a later date).
  • The Manager will subsequently make a decision about what action, if any, to take.
  • The investigation/disciplinary meeting will subsequently be reconvened, so that the Manager can deliver the decision to the employee, i.e. warning, termination of employment, no further action.
  • The verbally communicated decision will subsequently be confirmed in writing within 7 working days.

4.3 Decisions re Warnings & Terminations

4.3.1 Warnings.

(a) If the explanations offered are inadequate, the procedure will be as follows:

  • Advise the employee that the explanation is not acceptable and why.
  • If a final written warning is the potential outcome, advise the employee of the proposed action and seek the employee’s comments, giving the employee the opportunity to request a lesser action or suggest alternatives. The employer will then consider any final comments made by the employee before confirming the employer’s final decision.
  • Advise the employee that he/she is receiving a warning (i.e. final warning).
  • Advise the required improvement, i.e. what and by when.
  • Explain that failure to meet the required standards may jeopardise continued employment.
  • Advise the employee where he/she should go for further assistance should any problems arise which may prevent performance to the required standard.

(b) If the explanations offered are adequate, proceed as follows:

  • Advise the employee that you consider their explanation(s) to be acceptable and therefore no disciplinary action will be taken.
  • Conclude the meeting and follow it up with written confirmation of the outcome.

4.3.2 Termination of Employment – Serious Misconduct.

(a) If the explanations offered are inadequate, the procedure will be as follows:

  • Advise the employee that the explanation is not acceptable and why.
  • Advise the employee of the procedure or policy breached.
  • If termination of employment is the potential outcome, advise the employee of the proposed action and seek the employee’s comments, giving the employee the opportunity to request a lesser action or suggest alternatives. The employer will then consider any final comments made by the employee before confirming the employer’s final decision.
  • Advise the employee that his/her employment will be terminated for serious misconduct.

(b) If the explanations offered are adequate, proceed as follows:

  • Advise the employee that you consider their explanation(s) to be acceptable and therefore no disciplinary action will be taken.
  • Conclude the meeting and follow it up with written confirmation of the outcome.

5 Dispute Resolution

a) An employee who believes they were disadvantaged by an unjustifiable action of the Employer is entitled to raise a personal grievance under the Employment Relations Act 2000. To raise a grievance, the employee must make the Employer or a representative of the Employer, aware that there is a grievance, which the Employee wants the Employer to address, within 90 days of the date of action complained of.

b) The Employer then has 14 days to respond and if the Employee is still not satisfied with the response, they are then free to lodge an application for the matter to be heard by the Authority”.

Dated 16th May 2012

Jennifer Blight

Restaurant Brands Ltd

Matt McCarten

Unite Union

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7 Responses to “Restaurant Brands Limited Collective Agreement – Stores Terms of Settlement – 16 May 2012”

  1. Arron Dick May 23, 2012 at 11:02 am #

    Shouldn’t section 5 state that the 90 days for a personal grievance be from when the action occured OR the employee became aware of the action that had occured?

    Employment Relations Act 2000, Section 114 (1)

    • unitenews May 23, 2012 at 3:43 pm #

      Good idea – we will see if we can get approval at this (late stage) for the change.

    • unitenews June 22, 2012 at 8:17 am #

      we have made that change

  2. Arron Dick May 23, 2012 at 9:42 pm #

    New Clause – Free Meal On Shift (KFC Employees Only)
    Could the employee take the meal after the shift or before(keeping in mind that if they take it before they would still have to work the 4 hours for the entitlement)?

    Looking at the rest of this, its really good IMHO, I wish McDonalds had a union when I was working there 5 years ago!

    • unitenews June 22, 2012 at 8:18 am #

      they wouldn’t agree to that change at this late stage. However we can raise it in the negotiations at the end of this year. Other agreements we have have similar rights – it seems reasonable.

  3. Samuel June 21, 2012 at 2:15 am #

    Restaurant Brands have left pizza hut delivery drivers out of the employment agreement when they really are employees.

    • unitenews June 22, 2012 at 8:21 am #

      Unfortunately that is true. We can only challenge that situation when a group of PH drivers are willing to put their hands up to take a legal case. We have to go to court to argue thatb they are really workers and win that case before we can legally negotiate on their behalf. We are looking into that. If you know any drivers who would like to do it please let us know.

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