Proposed Kfc National Enterprise Agreement 2020 - Sda

Higher Duties The new Agreement replaces the mixed function provision with a higher duties clause which provides that any employee who is not appointed but required to undertake higher duties in a shift shall be paid the applicable rate for the time worked performing those duties. In the current expired Agreement, a Shift Supervisor may be offered an additional shift by the employer to perform ordinary team member duties, the Shift Supervisor may accept the additional shift at the team member rate of pay. This provision is removed from the new Agreement, so that an employee who is appointed as a Shift Supervisor will not be paid less than the level 2 rate of pay. Uniforms Other Allowances The proposed Agreement will include the following allowances. No allowance will be less than the amount under the Award during the life of the new Agreement. Meal Allowance 13.32 when working overtime for more than one hour on any day without being notified on the previous day. A further meal will be provided or allowance paid for such overtime work exceeding 4 hours. Transport Allowance 0.78 per kilometre. 0.41 per kilometre for an employee engaged primarily to perform delivery duties to customers using their own vehicle. Currently when uniforms are supplied to an employee by the employer, a once only deposit of up to 35.00 is paid by the employee in 5.00 instalments. This practice will only continue under the new Agreement if an employee who pays a 35 deposit receives back an additional 8.5% on top of the deposit (ie 38) when they return the uniform to KFC when finishing employment at KFC. Travelling time reimbursement Employees shall be paid for travelling time when working away from their usual workplace in accordance with Clause 22. Casual Conversion Safe Transport Home Where commencing or ceasing work after 10pm or before 7am on any day an employee (who is unable to arrange their own safe transport) will be provided with safe transport home. A regular casual employee will have the ability to request that their employment be converted to full time or part time employment subject to certain criteria being met. This entitlement has been secured as a result of a case run by the SDA/ACTU in the Fair Work Commission. Family And Domestic Violence Leave The new Agreement provides for 10 days unpaid Family and Domestic Violence leave plus an additional paid leave up to a maximum of 3 days for full time and part time employees from their accrued personal/carers leave balance. Skills Champion Allowance A new allowance of 1.5% of the applicable team member base rate will be paid for the time where you are required to perform work such as assisting other team members in learning on-the-job skills but you are not the Shift Supervisor. There is no such provision for this payment in the Award. Excess travelling costs Where an employee is required work at another location for a period not exceeding three weeks, all additional transport costs will be reimbursed. Team Meeting allowance Employees who attend voluntary meetings will be paid an allowance which is equivalent to the time spent at the meeting with a minimum payment of one hour’s ordinary pay (including relevant night or weekend penalties). This can only apply on a maximum of no more than 6 occasions in any one year for an individual . School-Based Traineeships The new Agreement provides terms and conditions of employment for school-based trainees in line with the Award based on whether they are in Year 11 or lower, or Year 12. School-based trainees are paid a loading of 7.5% on the standard team member rate of pay in addition to the loadings provided by the Award in compensation for not receiving paid leave entitlements under the Agreement. The Agreement also provides paid traineeship review meetings at the ordinary rate with the trainee’s registered Training Organisation (RTO) with a minimum payment of one hour. For more information go to www.national.sda.com.au/kfc

Rostering Part Time Hours The following rostering provisions are included in the new Agreement: »» The new Agreement requires KFC to consult with an employee before they propose a change to the employee’s roster or ordinary hours of work »» 2 consecutive days off per fortnight (except where mutually agreed otherwise). »» 10 hour breaks between shifts for full-time and part-time employees. At the regular changeover of shifts (i.e. no more than once per week), 8 hours may be substituted for 10 hours. »» Rostered hours on five days per week (or 6 days in one week if in the following week ordinary hours are worked on not more than 4 days). »» An employee will only work more than 6 consecutive days over adjoining weeks at ordinary rates at the election of the employee. »» Rosters are set 7 days in advance. »» KFC shall take into account an employee’s study commitments when rostering. »» KFC shall take into account an employee’s access to safe transport home when rostering. »» All ordinary hours of work will be worked within a spread of 11 hours inclusive of breaks, each day Monday to Sunday. »» No employee may work in excess of 10 hours (excluding meal breaks) on any day. Part time employees will agree in writing the number of guaranteed minimum hours to be worked each week or over a roster cycle. At the time of engagement, the part time employee and KFC will agree on the days of the week and the periods on each of those days which the employee is available to work. Any variation to the guaranteed minimum hours agreed at the time of engagement, can only be with the part time employee’s written agreement. The Award provides that an employee may be rostered to work up to a maximum of 11 ordinary hours on any day. Roster change consultation The new Agreement requires KFC to consult with an employee before they propose a change to the employee’s roster or ordinary hours of work. This means that before a roster is changed, KFC will have to: »» Provide information about the change (e.g. nature of the change and when it is to begin) »» Invite the effected employee(s) to give their view about the impact of the change (including any impact on their family or caring responsibilities) and also invite their representatives (if any) to give their views about the impact. »» Consider any views given by the employee(s) and their representative. The SDA is available to assist any SDA member with a concern about proposed changes to their roster. Part time employees (including trainees) will be guaranteed a minimum of 6 hours but less than 38 hours per week. The guaranteed minimum 6 hours per week may be amended to 3 hours per week if the employee changes availability and is only available to work on one day. If an employee requires to change their availability they can do so with 14 days’ notice. If KFC cannot reasonably accommodate the minimum guaranteed hours, then a new agreement on minimum hours and days of work will need to be agreed with KFC. Part time employees may be offered ordinary hours in addition to their guaranteed minimum hours within the employee’s agreed availability. If accepted the additional hours may be worked without the payment of overtime. Part time employees will have a choice to accept or reject the additional hours on each occasion, with the exception of up to a maximum of 15 minutes at the end of the shift, to be paid at ordinary time subject to the daily and weekly maximums provided elsewhere in the Agreement. Where additional hours are worked regularly over 12 months, the employee may request to increase the guaranteed minimum hours at clause 5.2.9 of the proposed Agreement. Overtime Overtime applies in excess of the rostering provisions (including in excess of the agreed additional hours worked by part time employees as outlined above). »» Except for overtime on Sundays, public holidays and on a rostered day off, the payment of overtime is paid at 150% for the first 2 hours and double of the ordinary rate thereafter. »» All overtime worked on Sunday for weekly employees is paid at 200% (for casuals 225% inclusive of the casual loading). »» All overtime on a public holiday for weekly employees is paid at 250% (for casuals 275% inclusive of the casual loading). Questions? Contact the SDA on 8139 1000

»» »» Subject to additional hours agreed to work by the part time employee in the part time provisions outlined above, all work on a day that a weekly employee is rostered off shall be paid 200% (or 250% on a public holiday) with a minimum payment as for 3 hours. (currently, 200% for Sunday and public holidays) Where an employee is called in to work overtime on a Sunday and that work is not immediately preceding or immediately following ordinary hours, then the employee must be paid a minimum payment of 4 hours at such rate. This is in line with the Award. (currently minimum payment is 3 hours, but also applies to public holidays) Public Holidays The current clause that allows for anther day off when a Public Holiday falls on a non-working day (excluding ANZAC public holiday) has been removed and does not form part of the new Agreement. This benefit applied to full time employees and 5 day per week part time employees. Annual Leave Annual leave will accrue progressively. When taking annual leave employees will be paid 17.5% annual leave loading, or the relevant weekend penalty rates which the employee would have been entitled to had they worked, whichever is greater but not both. This loading will also apply to proportionate leave on termination. The new Agreement contains provisions for cashing out of annual leave. The new Agreement allows for the provision of annual leave to be taken in advance before the employee has accrued the entitlement. The agreement must be in writing. The new Agreement also provides a provision for the taking of excessive leave accruals. Shutdown And Refurbishments The new Agreement contains a new clause detailing the steps to be taken when a store is being refurbishment or shut down. Employees may be required to take annual leave over annual shut down or refurbishment periods. Prior to the shutdown, KFC will notify employees of the dates which leave is to be taken. An employee who does not have sufficient leave shall be required to take leave without pay. Where possible KFC will attempt to find suitable work for the employee at another nearby store. Superannuation The new Agreement allows for choice of Superannuation Fund with two default funds (REST or Sunsuper). Superannuation will be paid while the employee is on any paid leave. Superannuation will also be paid for the period of absence from work due to work-related injury or work-related illness (subject to a maximum of 52 weeks) provided the employee is receiving workers’ compensation payment and the employee remains employed by KFC. This is a new provision which aligns with the Award. Accident Pay The new Agreement retains Accident pay of up to 26 weeks for employees who are injured at work and receive workers’ compensation under the applicable State legislation. This is in line with the Award. Parental Leave and Flexible Working Arrangements The new Agreement incorporates the NES entitlement and also includes flexible working arrangements for an employee who is a parent, or who has responsibility for care, of a child who is of school age or younger. Employees who are taking responsibility for permanent or long term care of a child through a permanent care order or equivalent long-term foster arrangement will also have access to unpaid parental leave under the same terms as applicable to employees who adopt a child. “ The SDA is pleased to bring to members the proposed KFC Agreement 2019. Please read through this document and if you have any questions speak to your SDA Delegates, SDA Organiser or contact the SDA on 8139 1000. SDA Secretary Josh Peak For more information go to www.national.sda.com.au/kfc ”

OTHER BENEFITS The new Agreement provides the following benefits that are not found in the Award or the NES: Facilities - Where reasonably practicable KFC will provide facilities so that employees can secure their belongings while working. It no longer specifies lockers. Compassionate leave - 3 days paid compassionate leave for full time and part time employees and 3 unpaid leave days for casuals. The Agreement provides 1 day paid compassionate leave for full time and part time employees to attend a funeral of an aunt or uncle. Sexual Harassment - A provision is included in the new Agreement acknowledging that sexual harassment is totally unacceptable in the workplace. KFC will immediately investigate any complaint and make every endeavour to resolve the matter. (No change) Jury Service - The Agreement provides for it for the first ten days as per the NES. The expired 2009 Agreement provides for uncapped jury service leave. However, in Victoria, Jury Service leave is uncapped due to State legislation. Redundancy - The NES excludes small employers (those who employ 15 or less people) from the obligation to pay redundancy. The Agreement provides that such small employers will pay severance pay capped at the 4 year equivalent from the NES (that is 8 weeks’ pay). (No change) Natural Disaster Leave - The new Agreement provides for unpaid Natural Disaster Leave where a yellow alert or a state of emergency is declared. Defence Force Services Leave - A weekly employee 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. Compulsory Arbitration - The new Agreement allows for compulsory arbitration in the FWC of matters arising under the Agreement or in relation to the NES at the request of either party where the dispute cannot be otherwise resolved. (currently, the disputes procedure requires an agreement between both parties to have a dispute arbitrated in the FWC) Payslips - Each pay period employees will be given a statement showing the calculation of your wages and any deductions made. Other information to be provided will include annual leave balances (where the employer’s payroll system is able to do so). (No change) Union-related matters - The new Agreement includes a range of provisions that recognises the SDA and AWU in North Queensland as being the unions registered under the relevant legislation that represents employees who are covered by the Agreement. A range of provisions include: »» Recognition of union delegates and leave for attending union training courses, »» Promotion of union membership to employees, »» Deduction of union dues where authorised by an employee, »» Provision of a staff noticeboard to display union notices. QUESTIONS? If you have any questions or concerns about this please speak to your SDA Organiser or contact the SDA on 8139 1000. The SDA will provide members with updates as this process progresses. VOTE YES NO NEW AGREEMENT WILL BE INTRODUCED WITHOUT A VOTE OF KFC WORKERS. The SDA has fought hard to deliver the best possible outcome for KFC workers. You can vote for the Agreement online at www.myvote.com.au/kfc between 4 October 2019 to 10 October 2019 For more information go to www.national.sda.com.au/kfc

The proposed Agreement will replace the KFC National Enterprise Agreement 2009 or any other operative Agreement in your store. If approved by KFC team members in a vote, it will then go to the Fair Work Commission for approval. Once approved, it will come into effect from the first full pay period on or after 1 February 2020. WAGE INCREASES