RBL SALARIED STAFF – SUMMARY OF CHANGES AND TERMS TO CONCLUDE 2012 NEGOTIATIONS

12 Jun

Hi All Restaurant Brands salaried staff,

Members only are able to use the email version of this summary to access the associated documents mentioned below. If you are a member and have not received the email, or if you want to arrange posted copies of documents, please contact Jared Phillips on 029-4949-863 or         

KFC
Pizza Hut
Starbucks
KFC

Summary

There are no claw-backs on any conditions, only improvements. Members who are employed under these terms can read the full ‘2012 MOU Protocol’

Term

This Memorandum of Understanding and its protocols will apply from April 1, 2012 and will expire at 31, March 2013. Negotiations for new terms of employment will begin again in the first quarter of next year.

Increase on rates in the Salary Model

The authorised range of increases for KFC Assistant Managers being currently paid below the new recommended rate is between 1.9% and 10.3%. This will result in approximately 56 increases.

The authorised range of increases for KFC Restaurant Managers currently being paid below the new recommended rate is between 1.7% and 14.1%. This will result in approximately 40 increases.

The authorised range of increases for Pizza Hut Assistant Managers and Restaurant Managers currently being paid below the new recommended rate is 2%. This will result in approximately 61 increases.

The authorised range of increases for Starbucks Assistant Store Managers being currently paid below the new recommended rate is 3.5%. There is only one person who will receive this increase as the position has been almost entirely phased out.

The authorised range of increases for Starbucks Store Managers currently being paid below the new recommended rate is between 1.9% and 5.0%. This will result in are approximately 27 increases.

Members should check the ‘2012 Remuneration Model’ document to see the new recommended rate for each salary band – Download it here: Remuneration Model.

All salary increases are back-dated to April 1, 2012.

Annual competency review

The annual competency review will continue to take during April of each year. Also within the process the employer will address instances whereby staff are paid below recommended rates specified in the Salary Model. Competency levels and pay bands are based on brand, store volume, performance, training and retention.

Clarification of individual competencies and subsequent rates

The employer has committed to provide Unite with data indicating individual competency movements and salary rate movements. The employer and Unite will meet to ensure there is an understanding of the data. This will allow the union to have a better grasp of the membership’s pay concerns. Unite believes this can also introduce increased accountability in assessing salaried staff in the review process.

Salary dispute process and Unite representation

For instances whereby a salary level is disputed, the protocol stays the same as the 2010 document but with added emphasis to encourage members to use Unite representation. The member may have the support of the Unite representative at any stage of the process.

Hours of work

Note: This was a contentious issue. For the term of this protocol the following comes to effect:

The employer will send General Manager/Chief Executive Officer-led communications to all store managements regarding expectations regarding normal hours of work.

Outside of exceptional circumstances salaried employees are expected to work only 40 hours per week. In exceptional circumstances salaried employees may be required to work 44 hours in a week. However the expectation is for no more than 160 hours to be worked over a four week cycle.

When concerns and issues arise about working more than 40 hours per week consistently (or more than 160 hours per 4-week period consistently) the process of escalating the issue is changed by the new protocol. Previously the stated process was limited to raising concerns with Area Managers and/or then operations management. The new protocol expressly acknowledges that the process may involve union involvement at any stage. It also puts in expressed terms that unresolved issues will be escalated to Human Resources and the union who are bound to examine the grounds of concern about additional hours and respond to the employee within 21 days.

The new protocol also indicates that the union will provide members with a template form for salaried members to use to raise issues of concern in the escalation process or via their Unite representative.

Breaks and meals

A new protocol is inserted to the Memorandum which sets out the rules for 15-minute paid breaks and 30-minute unpaid breaks.

A new protocol is inserted to the Memorandum which guarantees salaried members in KFC a free meal on shifts of 4 or more hours and a free regular post-mix drink on all breaks.

Union Member Benefits

As a result of this agreement Unite Union members only will also receive a 72 page discount booklet; a Christmas hamper each year; life insurance for members ($5000 for a member and their spouse, $2000 for member’s children); a day out at Rainbows End or some equivalent outside of Auckland. This is swapped for the $2 per week union fee reimbursement which will not be retained.

Store closure process

The union was not able to get the employer to agree to a redundancy pay protocol. See the ‘2012 Store Sale or Closure’ document (download here Store Sale and Closure Policy). The policy outlines the process when the employer proposes to franchise or close a store. It includes the requirement of Area Managers to identify all local vacancies within the brand or other RBL brands and to identify any employees interested in re-deployment and to arrange interviews.

Unite salaried staff representative

To eliminate potential conflicts of interest arising from Unite representing both waged and salaried staff Unite union has nominated a ‘salaried staff representative’ to provide a dedicated service to salaried members.

As of April 1, 2012 that representative is myself – Jared Phillips. I am contactable at 029-4949-863, (09) 846-9509 ext. 32, and jared. Salaried staff should direct issues and inquiries to me.

The union will develop a specific template for salaried members to raise issues of concern. The salaried staff representative is invited to KFC operations council meetings assist with resolving issues.

Harassment

The protocol confirms that the employer’s harassment policy is the reference point for harassment at any level so covers any instance of the harassment of salaried staff members.

Disciplinary process

The protocol confirms the employers commitment to a substantively and procedurally fair disciplinary process. The protocol confirms that the ‘2012 Disciplinary Process Policy’ (download here: Disciplinary Process Policy) applies to salaried staff.

Savings clause

No gross earnings or conditions of salaried staff can be reduced as a result of these protocols.

New appointees

The parties have agreed that it will give each new employee who is employed on salary a Unite Union letter regarding the option that such employees have in joining the union.

Jared Phillips
Organiser
Unite Union

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