THE WAREHOUSE LTD

AND

FIRST UNION

COLLECTIVE AGREEMENT

01 August 2017 – 31 July 2019

THE WAREHOUSE / FIRST UNION

COLLECTIVE AGREEMENT

Contents

THE WAREHOUSE / FIRST UNION

COLLECTIVE AGREEMENT

This Agreement shall cover all members of the FIRST Union (“the Union”) who are 

permanent full-time, part-time, fixed term, temporary or casual employees of The Warehouse Limited (‘the Company”) and/or any successors, assigns or related companies, in The Warehouse stores and store development excluding members of management and management trainees.

The terms and conditions of this Agreement will also cover all new employees in the stores and store development, (excluding members of management and management trainees) who are members of FIRST Union.

Sections 62 and 63 of the Employment Relations Act shall apply to new employees.

The purpose of this Agreement is to ensure that employees (hereinafter referred to as “Team Members”) of The Warehouse (hereinafter referred to as “the Company”) who are members of FIRST Union (hereinafter referred to as “the Union”) have terms and conditions of employment that are fair and consistent.

Note: 

Team member means employee as defined by the Employment Relations Act.

Fixed term or temporary means a team member who is employed for a specific time period.

Casual means a team member who is only expected to work from time to time on an as required basis.

The parties agree that any employer whose employees fall under the coverage clause may be joined as a party to this agreement or as a party to any bargaining in regard to this agreement

1. HOURS OF WORK
   

1. Definitions
   

The following definitions apply to all team members covered by this Agreement.

1. A week is the seven days Saturday to Friday inclusive.  (The Company shall have the right to change this to Monday to Sunday inclusive, by giving two weeks’ notice to the team member and ensuring that the team member is not out-of-pocket as a result of the change.)
   

1. A day is the 24-hour period of each day of the week.
   

1. The Warehouse Stores 
   

1. Team Members Except Night fill/Morning fill
   

Permanent team members shall have an agreed number of hours per week up to 40 hours (or from time to time up to 50 hours). Team members have agreed specified days and start and finish times for every week. The agreed number of hours may only be changed by agreement in writing. Additional hours may only be worked by agreement.

1.2.2  Unless otherwise mutually agreed between the Company and the team member, a team member is entitled:

(a)  to two consecutive days’ break in a working week; and 

(b) no less than a ten-hour break between the completion of work in one period and the commencement of work in the next period.

1. Team Members in Night fill/Morning fill
   

A work period will not exceed eight continuous hours except as agreed between the team member and the Company. The work period may begin on one day and finish the following day provided the hours are continuous. The Company will ensure that the team member has at least ten hours’ break before being required to commence his/her next work period.

1.2.4  Where the company requests a team member to finish work including the task list or tasks at hand after their contracted hours, the company must pay the appropriate wage rate for all time worked.

1. Change of Hours Within a Day
   

1.   Where the Company desires to change the hours of work of a team member or group of team members, in any function or department, it shall first call for volunteers. If there are insufficient volunteers, then the Company will advise the Union of the desired changes at least two weeks prior to consulting with each team member affected.   
   

1. The Company shall take into account any affected team member’s personal circumstances and try to make a decision with as little disruption as practicable to any affected team member’s current hours. The total hours normally worked in a pay week will not be reduced unless by mutual agreement.  
   

1. Any team member who remains dissatisfied at the decision on changes in hours of work can seek a review of the decision by the Regional Manager. The Company will be notified of the request within 7 days of the decision being notified to in writing to the team member. The Regional Manager will review the Company’s request to change the hours as well as the process and meet with the team member and his/her union organiser where requested, to consider alternatives 
   

1. Should the matter not be resolved at this level, either party may refer it to a Mediator from the Labour Division of the Department of Business, Innovation and Employment who, if agreement is not reached voluntarily, shall be empowered to make a final and binding decision.    
   

1. No change shall be implemented without at least two weeks’ notice unless the team member agrees to a shorter period of notice. 
   

1. Clause 1.3 shall not apply to temporary/fixed term team members engaged for the Christmas trading period.
   

1. Clause 1.3 shall not apply to team members engaged on a casual basis.
   

1. Change of Days of Work  
   

1. Where for business reasons, the Company needs to permanently change the days of work of a team member or group of team members, in any function or department the following process shall apply:
   

1. The Manager will complete the required template showing the business reasons for the change. This form must be signed off by the Regional Manager or Regional People Support Business Partner before the process can continue.
   

1. The Company will notify the Union of the proposed changes by sending a copy of the signed template to the Union at least two weeks before any consultation can proceed.
   

1. The Store Manager will then call for volunteers.  If there are insufficient volunteers, then Company will consult with each team member affected.  The consultation period shall be for a minimum of 2 weeks and may be extended to allow for a trial period of between 4- 6 weeks, to allow full consideration of the changes by the team member(s).
   

1. The Company shall take into account  a team member’s personal circumstances and try  to make a decision with as little disruption as practicable to his/her current hours.   
   

1. The total hours normally worked in a pay week will not be reduced unless by mutual agreement.  
   

1. Where the Company needs to change the days of work of a team member who works Monday to Friday, only one of the new days shall be a weekend day unless otherwise mutually agreed.
   

1. The Company cannot change the days of work of a team member more than once in a 12 month period, unless by mutual agreement. 
   

1. Where the permanent change of days is confirmed the team member shall be entitled to two lieu days to adjust to the changes (one lieu day for team members who work 20 hours or less per week). These lieu days must be taken within 12 months of this confirmation and cannot be carried over. 
   

1. Any team member who remains dissatisfied at the decision on changes in days of work can seek a review of the decision by the Regional Manager. The Company will be notified of the request within 7 days of the decision being notified to in writing to the team member. The Regional Manager will review the Company’s request to change the hours as well as the process and meet with the team member and his/her union organiser where requested, to consider alternatives 
   

1. Should the matter not be resolved at this level, either party may refer it to a Mediator from the Labour Division of the Department of Business, Innovation and Employment who, if agreement is not reached voluntarily, shall be empowered to make a final and binding decision.    
   

1. No permanent change shall be implemented without at least four weeks’ notice unless the team member agrees to a shorter period of notice.
   

1. Clause 1.4 shall not apply to temporary/fixed term team members engaged for the Christmas trading period.
   

1. Clause 1.4 shall not apply to team members engaged on a casual basis.
   

1. All permanent hours/positions and additional hours/positions that become available, shall where practicable be announced in the store meetings and will be displayed on the noticeboard for at least 7 days to enable interested team members(s) to apply. This does not prevent the store manager from covering the hours on a temporary basis in the interim. Wherever practicable such additional hours will be offered to existing team members where skills and current grading are comparable, before new team members are engaged.
   

1. Any additional temporary hours that become available shall be allocated to existing permanent part-time team members in the first instance. The company shall make genuine effort to seek all available part-time team members. This will be subject to business practicalities and where current skills and grading ae available.
   

1. If the company needs to cancel an additional shift it will provide a minimum of 24 hrs notice. If 24 hours’ notice is not given, then payment for the shift will occur
   

Note: this clause cannot be used to reduce permanent hours.

1. Where a team member has worked a consistent set of hours for a continuous period of eight weeks (outside of the peak trading period of November, December and January) that are in excess of his/her existing hours, then the additional hours shall become his/her permanent hours at the request of the team member. The new hours shall be confirmed in writing.
   

This clause does not apply where the team member is: fulfilling the duties of another team member who is on any type of leave or absent temporarily, or for a specified project and purpose where it is agreed in writing. 

1.6 Where a team member has worked 15 years or more they will be able to agree with the company to reduce their contracted hours by no more than 8 hours per week. Such an agreement will be recorded in writing and shall not be unreasonably withheld. It is understood that in reaching agreement, the company will need to take into account the need to maintain the appropriate mix of skills and experiences over peak trade days /times and key roles within store.

1. OVERTIME AND PUBLIC HOLIDAY RATES
   

1. All Team Members 
   

1. Calculation
   

Overtime is payable at 1½ times the ordinary hourly rate. It is calculated in 15 minute segments and any time worked beyond a quarter hour interval shall be rounded up to the next 15 minute segment.

1. Payment
   

Overtime and/or Public Holiday rates will be paid as follows:

1. For time worked in any work period which exceeds the maximum number of ordinary hours of work specified in the Hours of Work Option in Clause 1 above which applies to the team member;
   
2. For time worked in any week which exceeds the maximum number of ordinary hours of work specified in the Hours of Work Option in Clause 1 above which applies to the Team member; and
   
3. For time worked on a Public Holiday (being the holidays designated in s44 of the Holidays Act 2003) is at time and a half of your relevant daily pay or average daily pay for all hours worked on the day. It is calculated in 15 minute segments and any time worked beyond a quarter hour interval shall be rounded up to the next 15-minute segment.
   

1. BREAKS
   

1. Morning and Afternoon Tea 
   

1. In every six to eight-hour work period, two refreshment intervals of 15 minutes shall be allowed at times to be mutually agreed, so that there is no complete stoppage of work. The 15 minutes shall be measured from the time the team member leaves his/her work station until the time he/she returns to their work station. No team member shall be required to work for a longer period than three hours without a refreshment interval.  
   

1. All Team members shall be paid during refreshment intervals.
   

1. Meal Breaks 
   

1. As per the breaks table meal intervals of one half-hour shall be allowed, provided that by mutual agreement, the meal interval for team members in the Company stores may be extended to one hour.
   

1. The meal interval shall be taken at a time to be mutually arranged so there is adequate coverage in all areas. Unless the team member agrees, he/she shall not be required to work more than five hours without a meal interval.
   

1. Where a team member works a 4-6 hour work period and is entitled to a 30 minute unpaid meal break; that break may be taken at either the start or finish of the work period. The team member will sign in at the end of the meal break (if the break is taken at the start of the work period) or sign out at the start of the meal break (if the break is taken at the end of the work period).
   

1. All meal intervals shall be unpaid.
   

1. PAYRATES
   

1. Payrates
   

4.1.1 Increase paid and printed rates by 40c from 5 August 2016, except that band 1 and 2 start rate will increase by 50c.

From 5 August 2017:

*The entertainment role is being further scoped in conjunction with the technology specialist role over the next 2 years, where the parties will work through the appropriate permanent banding of this role. For those entertainment team members who have completed all training and 5000 hours or 5 years’ service, they will move to the rate of $20.22 until we worth through the appropriate permanent banding of the role.

In August 2018, these rates will increase by a further 50cents per hour

4.1.2 General Provisions

1. If a team member is assessed as not competent in the role he or she must be advised both verbally and in writing as to the reasons and offered further training and an additional assessment in one month (by another person where possible).
   

Following that further training and assessment if the team member continues to be assessed as not competent in the role and if he/she disputes that assessment he/she can lodge an appeal with the Regional Manager for that region.  A further review will then be under taken. 

1. The expectations of the parties are that new team members (i.e. those not yet employed or those with less than 3 months’ experience) will normally gain the necessary skills and be assessed as competent to enable them to move through the pay steps in the applicable bands in a period of 12 months for band 1 and 2 and up to 18 months for bands 3 & 4.
   

1. For team members in Bands 1 and 2 this will be a combination of completion of training and time served in the role i.e. if they have been assessed as competent they will move to Step 2 at 3 months and Step 3 at 12 months.   
   

4.1.3 Definitions

a) Supervisor  

“Supervises others” means being formally appointed to manage and direct a team of one or more people on a daily basis, including the establishment of objectives for team members, managing their performance and providing feedback.  

4.1.4 Higher Duties

(i) Where a team member works part time in a higher graded role, or as a Supervisor the higher rate shall apply to hours worked in that role.

(ii) Notwithstanding the above, the higher rate shall not apply when time worked in the role is on basic checkout, recovery or filling duties or to those team members, part time or fulltime who relieve over meal and refreshment breaks on a casual basis. A team member who is the regular relief person shall be paid the higher applicable rate while working in the role.

4.1.5 If a team member asks to reduce his/her duties and/or responsibilities, then his/her hourly rate will be reduced accordingly to the appropriate step.

4.1.6 No team member’s hourly rate shall be reduced solely as a result of the operation of the revised wage scale in this Agreement.

1. Unsocial Hours Allowance
   

An allowance of $1.75 per hour shall be paid to team members for hours worked between 12 midnight to 6am.  

1. Career Retailer Wage
   

  Permanent team members who meet the eligibility criteria for Career Retailer Wage (having completed the applicable training modules and 5000 hours/five years’ service) will either be paid their current hourly rate or the rates in the following wage table (whichever is the higher) with effect from 5 August 2017. Once a team member becomes eligible, they will move to these rates at the next payroll intake at the beginning of August, November, February or May in each calendar year.  

The Career Retailer Wage is a Group wide policy initiative.

The Company makes a contractual commitment to pay the Career Retailer Wage rates applicable from 5 August 2017. Any other changes or variations to the Career Retailer Wage will be determined by the Company.  The Company has confirmed that the increase that applies from August 2018 will be no less than 50 cents per hour.

No team member will be disadvantaged by being moved onto the Career Retailer Wage. 

1. VARIATION OF DUTIES
   

5.1 Team members may be required to work in alternative roles in different departments from time to time. The Company shall ensure that team members have adequate training and supervision to carry out such work.

5.2 Where the company requires a team member to permanently vary his/her duties then before any move takes place the manager will consult with the team member on the reasons for the change and consider the team member’s feedback. After considering the feedback the manager will decide whether or not to proceed with the variation of duties.

If the team member is unhappy with the decision, he/she can seek a review of the decision by the Regional Manager (or his/her approved nominee). The change will not be implemented while the review takes place. The request for the review must be made within seven days of the manager’s final decision.

For the avoidance of doubt clause 5.2 does not apply to short term variation of duties required for the day to day running of the business.

5.3 Where the Company requires a team member to vary his/her duties for all of his/her hours and move to a different position which is at a lower pay rate, the team member’s pay rate will not decrease. It will be held at the existing rate until the pay rate relative to the new position increases above the rate at the time of the change.

5.4 Where a team member is required to vary his/her duties for some of his/her hours and continues to work some hours on work that attracts the higher rate he/she will be paid the higher rate for all hours worked which will not be red-circled as in (2) above.

1. PAYMENT OF WAGES/SALARIES
   

1. All team members are paid by direct credit to their nominated bank accounts.
   

1. If paid by wages (e.g. on an hourly rate) this will occur fortnightly and no later than the Wednesday following the end of the previous pay fortnight.
   

1. Salaries are paid no later than the 20th of each month but may be paid a day or two earlier, depending on the day of the week on which the 20th falls.
   

1. The only deductions from wages will be those that have been agreed between the team member and the Company, or else required by law.
   

1. EMPLOYMENT RELATED EXPENSES
   

Where the Company authorises a team member to incur expenses relating to his/her employment, these shall be paid for by the Company on the basis of actual expense incurred or amount authorised, whichever is the lesser.

1. ANNUAL LEAVE 
   

1. Entitlement
   

After the completion of each year of employment, a team member will be entitled to annual leave of 4 weeks. 

In accordance with Holidays Act, team members employed on a casual basis shall be paid 8% of earnings on a pay as you go basis.

1. Timing of Annual Leave
   

Annual leave must be taken in the year after the entitlement arises, at a time or times to be agreed between the team member and the Company having regard to the requirements of the business.  Where the team member and the Company cannot agree on a time to take annual leave, the Company may require the team member to take a specified amount of leave giving not less than 4 weeks’ notice.  

1. Leave in Advance
   

Leave in advance will be at the discretion of the Company.  

1. Notice of Leave
   

As peak trading occurs in December, the company cannot allow holidays until after Christmas Eve unless exceptional circumstances exist.  It should always be recognised that not everyone can take leave at the same time.  The Company asks that team members provide one month’s notice of their holiday requests.  Where one month’s notice is given, Management will ensure that the team member receives a response no later than seven days after submitting the application form.

Regardless of the amount of notice given, the decision on whether or not leave will be granted will be based on operational requirements.

1. PUBLIC HOLIDAYS
   

9.1 All team members are entitled to 11 Public Holidays a year where they fall on days that would otherwise be working days for the team member:

New Year’s Day  2nd January

Provincial Anniversary Day Waitangi Day

Good Friday Easter Monday

Anzac Day Queen’s Birthday

Labour Day Christmas Day

Boxing Day

9.2 The following rules apply to days on which Public Holidays are observed:

• Team members who normally work and do, receive time and a half of the relevant daily pay or average daily pay for all hours worked on the day plus an alternative holiday.
  
• Team members who don’t normally work but do, receive time and a half of the relevant daily pay or average daily pay for all hours worked on the day. They do not receive an alternative holiday.
  
• Team members who normally work but don’t, receive relevant daily pay or average daily pay.
  
• Team members who don’t normally work and don’t, are not paid.
  

All work on Public Holidays must be approved in advance by the Manager or Team Leader.

9.3  Work on a public holiday is voluntary. If a public holiday falls on a team member’s normal working day, the team member shall have first preference to working the hours that are available for work that would normally be performed by the team member on that day.

Note: If there are more volunteers than the company requires on any given public holiday, those who are not required shall have first preference on a subsequent public holiday

9.4 Alternative Holidays (lieu days) should normally be taken within twelve months, on a day to be agreed with the manager.

9.5 Where a team member is contracted to work 35 or more hours per week or at least five days per week and a public holiday falls on a non-contracted day; he/she will be given a paid day off to be taken at a mutually agree time. Payment for the day off shall be calculated at his/her ordinary rate for the number of hours normally worked by him/her on the day on which the day off is taken.

1. EASTER SUNDAY
   

Where the Company chooses to open stores on Easter Sunday and in conjunction with the local council rules, the following shall apply:

• Team members who work and normally do, receive time and a half. They do not receive an alternative holiday.
  
• Team members who don’t normally work, receive time and a half. They do not receive an alternative holiday.
  
• Team members who normally work but don’t, receive ordinary time.
  
• Team members who don’t normally work and don’t, are not paid.
  

1. LONG SERVICE LEAVE
   

Permanent team members are entitled to the following leave on completion of:  

After 10 years’ service - one special holiday of an extra four weeks

After 20 years’ service - one special holiday of an extra four weeks

After 30 years’ service - one special holiday of an extra four weeks

1. SICK/DOMESTIC LEAVE
   

1. Entitlement
   

After three months’ continuous employment a permanent team member shall be entitled to sick leave of eight days at the relevant daily pay or average daily pay during the following and each succeeding year of employment.

1. Accumulation
   

Unused sick leave will accumulate with no cut-off point. Sick leave not taken at termination of employment will have no monetary value and will not be paid out.

1. Rate of Payment
   

Payment for each day of sick leave will be at the relevant daily pay or average daily pay for the number of hours that the team member normally works on that day.

1. Notice to The Warehouse
   

The team member shall ensure that notice of illness is given to the Company on the first day of absence due to illness, and shall notify the Company as soon as possible when a return to work is likely.  

1. Medical Certificate
   

A team member may be required to produce proof of sickness or injury, including a medical certificate, if the sickness or injury that gave rise to the sick leave is for a period of three or more consecutive calendar days, whether or not the days would otherwise be working days for the team member.

1. Casuals
   

Team members employed on a casual basis shall qualify for sick leave in accordance with Holidays Act:

Team members employed as casuals qualify for sick leave after six months’ employment if, during those six months, they have worked for the company for: 

• an average of at least 10 hours per week, including 
  
• at least one hour per week or 40 hours per month. 
  

The payment for sick leave will be made where it is a day that the team member would otherwise have worked.

1. Extended Illness
   

Serious illness will be dealt with as a separate issue under the Wellness Programme.  Details are set out in The Warehouse Way or on icRed.

1. DISCRETIONARY SICK LEAVE
   

13.1 Permanent team members who have been employed with the company for at least three months and who have used up their primary sick leave entitlement, will be considered for discretionary sick leave of up to an additional 7 days per year.  

13.2 Discretionary sick leave can be requested: 

i.) If time off work is required because of a short-term medical or surgical condition; for example, flu, appendicitis.

ii.) If time off work is required because of a non-work ACC injury (first week only).  (Please note that Discretionary Sick Leave cannot be used to “top up” non-work or work-related ACC payments of 80% of earnings.)

iii.) If time off work is required for the recurrence of a previously diagnosed condition for which long-term sick leave assistance has been received; for example, heart problems, cancer, and multiple sclerosis.

iv.) If the team member’s spouse/partner is sick or injured and she/he is unable to come to work because the spouse/partner is dependent on the team member for care.

v.) If another person is sick or injured and the team member is unable to come to work because that person is dependent on her/him for care (for example, a child).

13.3 Where practicable a team member must request this leave before his/her absence, to ensure adequate cover is in place, if necessary. The team member will need to explain the reason for the time off work and where possible, when he/she is likely to return.  Should the team member be unable to request this leave in advance, he/she must notify management as soon as possible prior to his/her normal start time or as soon as practicable thereafter.

13.4 Discretionary Sick Leave can be granted at the manager’s discretion; supporting information may be required regarding the circumstances and condition for which discretionary leave is being requested. The information required to support the request may include a medical certificate where management considers this appropriate. 

13.5 If the team member does not wish to provide personal or other sensitive information to their manager, this may be given in confidence to Employment Relations who will consider the request and advise the manager. 

13.6 A team member whose request for discretionary sick leave is declined may ask his/her Regional Manager to review the decision. The decision of the Regional Manager will be final.

13.7  If an eligible team member requests Discretionary Sick Leave, this would normally be approved unless the manager has reason to believe that the request may not be genuine.  Requests would not normally be declined without first seeking additional information, so that a decision to decline would always be based on either a lack of supporting information or evidence, or information/evidence that the manager does not accept as genuine or the illness as not being genuine.

13.8 Note: All primary sick leave MUST be used before discretionary sick leave can be considered. Primary and discretionary sick leave cannot be granted in advance of entitlement.

1. FAMILY VIOLENCE
   

The Company also provides additional leave for team members in situations of family violence.  For more information on this policy please refer to the link on mypay or contact confidentialhelp@twg.co.nz

1. TANGIHANGA / BEREAVEMENT LEAVE
   

15.1 Permanent team members are entitled to three days’ paid bereavement leave if, sadly, a close member of their family dies. Close family members include a team member’s spouse/partner, parent, child, brother or sister, grandparent, grandchildren or spouse’s parent.

15.2 Managers may exercise discretion to allow more than three days in special cases.

15.3 Bereavement leave of one day will also be allowed if a team member’s manager accepts that the team member has suffered a bereavement because of the death of another person who was not a close family member as detailed above.

15.4 Payment is made at the team member’s relevant daily pay or average daily pay.

15.5  Team members employed on a casual basis shall qualify for bereavement leave after three months’ employment if, during those three months, they have worked for the company for: 

• an average of at least 10 hours per week, including 
  
• at least one hour per week or 40 hours per month. 
  

The payment for bereavement leave will be made where it is a day that the team member would otherwise have worked.

1. JURY SERVICE
   

Where a team member (other than a casual) is obliged to undertake jury service, the Company will pay the difference between the fees paid by the Court and the team member’s ordinary pay.

The team member must supply a copy of the Court Expenses Voucher to get the payment.  The team member must return to work on any normal working day that he/she is not actually serving on a jury.

Whilst jury service is a civic duty of all citizens there are occasions when critical work requirements may enable jury service to be deferred. Please consult with Employment Relations at Store Support Office for details.

1. TERMINATION
   

1. Resignation
   

17.1.1 If a Team Member (other than a casual) wishes to terminate his/her employment, the notice required will be as follows:

•  If paid fortnightly, two weeks’ notice;
  
•  If paid monthly, one month’s notice.
  

17.1.2 If a Team Member terminates his/her employment without notice, he/she will forfeit pay equivalent to the period of notice.

17.1.3  For team members employed on a casual basis one hour’s notice will be required if notice is given within an agreed work period. Outside of any agreed work periods notice of termination will not be required, as each work engagement is a contract in itself. 

1.  Dismissal
   

17.2.1 If a team member is dismissed after receiving two previous written warnings, he/she will be paid in lieu of the notice period.

17.2.2 If a team member is dismissed due to serious misconduct, the dismissal is effective immediately without notice. The team member will be paid up to his/her last day/hours of work.

1. All holiday pay and outstanding days in lieu will be paid at the time of termination.
   

1. CONDUCT AND DISCIPLINE
   

The Company has a set of “House Rules” which are included in the employment agreement to advise team members of the type of behaviour that is seen as unacceptable.

Unacceptable behaviour is classified as either “serious misconduct” or “misconduct”.

1. Serious Misconduct
   

Serious misconduct constitutes grounds for dismissal without notice. Any team member who breaks the Company House Rules, or is guilty of other serious misconduct, may be summarily dismissed (i.e. without notice). A single instance of serious misconduct may result in dismissal, regardless of whether or not any previous warnings have been issued.

1. Misconduct
   

Misconduct in the workplace will normally result in a warning to allow a team member an opportunity to correct unacceptable behaviour. Misconduct includes, but is not limited to, breaches of the Company’s House Rules.

1. Discipline Procedure
   

The Company has developed a fair and lawful disciplinary procedure which is used to investigate all allegations of misconduct or poor performance where discipline may result.

Should it appear necessary to discipline a team member, a written notice of the allegation/s of misconduct will be issued to start the procedure.  

A team member will be given time to prepare and to arrange representation, should he/she wish to do so. A team member has the right to take independent advice and to have a representative present during any disciplinary meeting.

An investigation will be conducted and the team member will be given a full opportunity to provide explanations. If the allegation is proven, a warning or other disciplinary action will result.

Further misconduct will result in a second written warning or possibly dismissal. After two written warnings, any further misconduct may result in dismissal.

In cases of “serious misconduct” a team member may be dismissed without any prior warnings.

Each written warning is usually valid for a six-month period but this may be increased in appropriate cases.  

Through each stage of the disciplinary process team members will be treated with:

Dignity Respect Empathy

Consistency Honesty Fairness

1. ABANDONMENT OF EMPLOYMENT
   

Where a team member is absent from work for three consecutive work periods without the consent of, or notification to, the Company, or without just cause, or circumstances beyond the team member’s control, he/she shall be deemed to have terminated his/her employment.  In the case of a part-time team member employment will be deemed to have terminated if absent as above for two consecutive work periods.

1. SUSPENSION 
   

1. The Company may after consultation with an affected team member, suspend the team member on ordinary pay while investigating or deciding the outcome of a disciplinary matter.
   

1. Where the Company alleges that a team member has committed an act of serious misconduct which may amount to a criminal offence and where this has been reported to the Police and a criminal investigation has commenced, the Company may, upon providing confirmation that the matter has been reported to the Police, suspend the team member without pay, until such time as either the Company’s internal investigation or the criminal proceedings are concluded, whichever occurs first.
   

1. REDUNDANCY
   

1. Intent and Definition
   

Clause 19 does not apply to team members employed on a casual basis.

Although it is the intention of the Company that a team member has a long and successful career with the Company, nothing in this Agreement should be taken as a commitment or guarantee to employ any team member covered by this Agreement for the duration of its term.  If, the Company decides to restructure, sell or contract out all or any part of its business and if the Company then terminates the employment of a team member for good cause, then it retains the right to do so at any time.

A redundancy may occur when the Company has a position surplus to its requirements.  For example, it may occur when there is a downturn in business, a re-organisation of the Company and/or the closing down of the whole or any part of the Company’s operation, requiring a reduction in the number of permanent full-time and/or part-time team members.

1. Consultation with the Union
   

Prior to any discussions with a team member in relation to the possibility of redundancy, the Company will brief the Union and advise the team member as to their right to representation.

1. Redeployment
   

A team member shall not be made redundant and shall not be paid redundancy compensation, if he/she is offered a substantially similar position on the same site or another site of the Company within reasonable proximity.

New roles will be opened up to applications both internally and externally (some roles are internal only first). Anyone who is in a role which is confirmed as being disestablished will be considered first for available roles before other team members or external candidates.  What this means is that if an individual applies for another internal role and their skills, knowledge, performance and experience are equal to another candidate, they will be given preferential consideration.

This does not mean that the Company will put a directly affected candidate into a role if they are not the best fit in terms of background, experience and skills among the pool of candidates.

1. Notice
   

The Company will give one month’s notice to any team member directly affected by the redundancy.

1. Compensation
   

Where a team member is made redundant, redundancy compensation shall be paid according to the following scale, based on the team member’s average base wages or salary (i.e. excluding overtime and any benefits or allowances) in the previous 12 months of current continuous service with the Company. If a team member has not worked for 12 continuous months, then it will be based on the period in which he/she has been employed. In terms of “current continuous service”, if a team member has left the Company and re-joined, service is counted from the last date of re-joining.

After 12 months’ service, the team member shall be entitled to receive six weeks’ pay, plus an additional two weeks’ pay for each complete year thereafter, to a maximum of 20 weeks’ pay.  

For total service of less than 12 months, the entitlement to six weeks’ pay shall be pro-rated, based on the number of complete weeks worked to termination date.  

For any final part year of service after the first completed year, the entitlement to two weeks’ pay shall be pro-rated, based on the number of complete weeks worked to termination date.

1. Selection for Redundancy
   

In selecting which team members, if any, are made redundant, the Company will first have regard to the need to maintain the most efficient workforce and operation to best serve customers’ needs.  However, while that must be the primary consideration, the Company will take into account the principle of last on, first off, all other things being equal.

1. Sale or Transfer to a New Owner
   

In the event of the sale, transfer or reconstruction of all or any part of the Company including entering into a contract or arrangement under which the Company’s business (or part of it) is undertaken for the Company by a new employer as set out in section 69L of the Employment Relations Act 2000, the following procedure will take place:

The Company will consult with the affected team member and try to find a substantially similar position for the affected team member within the Company. If this is not possible the Company will negotiate with the new employer regarding continuity of employment for the affected team member including the same or similar terms and conditions of employment.

The affected team member may choose not to transfer to the new employer. However, if the new employer has offered the affected team member employment and:

a) has agreed to recognise the team member’s length of service record; and

b) the terms and conditions of  employment are generally no less favourable than the  team member’s current conditions; and

c) the job is substantially similar to the team member’s current job

then the Company is not required to pay compensation for redundancy.

If the new employer has not offered employment on the above conditions and no substantially similar position was available within the Company Group then the above redundancy provisions will apply. 

1. OTHER EMPLOYMENT/CONFLICT OF INTEREST  
   

Team members shall not, whilst employed by the Company, set themselves up or engage in private business or undertake other employment in direct competition with the Company, using knowledge or materials gained in their employment with the Company.  Where a team member undertakes other employment he/she shall advise the Company who will decide whether any conflict exists.

1. THE WAREHOUSE WAY
   

The Company has and will continue to develop general employment policies and rules on matters such as leave, health and safety and disciplinary procedures which are contained in "The Warehouse Way”. This is a very important booklet which also explains the Company’s culture and philosophy. Team members should ensure that they know the contents of The Warehouse Way and that they follow the policies and rules which are set out in it.  It may be necessary for the Company to change or update these policies and rules from time to time in which case team members will be consulted and given one month’s notice before any change or update. Administrative changes may be actioned at any time.

1. EMPLOYMENT RELATIONSHIP PROBLEMS
   

24.1 All employment relationship problems, including personal grievances which may arise or any disputes relating to the application, interpretation or operation of this Agreement will be dealt with in accordance with the procedures set out in The Warehouse Way.  Personal grievances have to be submitted verbally or in writing to the Company within 90 days from the date on which the action alleged to amount to a grievance occurred.

Team members are advised to talk to the Union if they have any queries or are unsure of their rights.

The Company aims to be a fair employer in all respects. However, there may be an occasion when team members may have concerns about their employment and how they are being treated. The Company would like team members to talk to their managers if this happens. If matters cannot be resolved team members can get outside help. Set out below are the services available for resolving employment relationship problems.

24.2     WHAT IS AN EMPLOYMENT RELATIONSHIP PROBLEM?

An employment relationship problem includes a personal grievance, dispute or other problem relating to a team member’s employment relationship with the Company. This may include a claim of unjustified dismissal, unjustified discipline, warnings or other disadvantage, a breach of the employment agreement, unlawful discrimination, harassment (racial or sexual), or duress. It does not include any problem concerning the fixing of new terms for employment (i.e. agreement negotiations).

24.3      WHO CAN HELP WITH AN EMPLOYMENT RELATIONSHIP PROBLEM? 

To help team member(s) solve employment relationship problems they can contact: 

Within the workplace

Their manager/supervisor or their manager (Region Manager/Department Head) in order to try and resolve the problem. If this fails then the Employment Relations Department at Auckland Store Support Office can help – 09 489 7000.  

Outside the workplace

Every effort will be made to resolve the problem internally. However, if matters cannot be resolved internally or team members wish to seek outside assistance, they may contact the following: 

• FIRST Union 0800 863 477 or email  contact@firstunion.org.nz
  
• The Labour Division of the Ministry of Business, Innovation and Employment on 0800 209020 or www.employment.govt.nz for free information, including the free Mediation Service which can provide assistance to help parties work together to resolve the problem.
  

Or you can contact:

• A lawyer or an advocate.
  

24.4  MEDIATION SERVICES

If the employment relationship problem cannot be resolved between the parties, then either or both may request help from the Department of Labour’s Mediation Service.

The Department provides mediation services which may include: 

• Information about rights and obligations; 
  
• information about services; 
  
• assistance in resolving problems; and 
  
• assistance in fixing new terms of employment.
  

24.5  PROBLEM NOT RESOLVED AT MEDIATION 

If the problem cannot be resolved at mediation it can be referred it to the Employment Relations Authority for a formal hearing and decision.  Team members will usually require the assistance of a Union, lawyer or advocate to present their case to the Authority.

1. WORKSAFE TEAMS
   

The Company and the Union agree that the existing Worksafe Teams in all Company workplaces shall satisfy the employee participation requirements of Part 3 of the Health & Safety in Work Act 2015. 

The Company will comply with all current and future legislation regarding health and safety and will have in place a worker participation agreement. 

1. UNION ACCESS
   

Authorised representatives of FIRST Union may enter the premises at reasonable times for the purpose of carrying out union business.

Upon entering the premises the following shall apply:

The representative shall sign the Visitors Register and make his/her best endeavours to inform the most senior person in authority who is available at the time, of his/her presence on the premises.

1. UNION DELEGATES
   

The company shall recognise the role of duly elected union delegates provided the union notifies the company in writing as to the names of the delegates.  

Delegates will be granted reasonable time at reasonable times to carry out their role

The company will include union material as part of the introduction process for new team members.

The delegate will be informed when a new team member is employed. If the new team member wants to meet with a union delegate they will be provided with opportunity of a 15 minute meeting at the earliest practicable opportunity. If there is more than one new team member this time can be a group session rather than an individual session.

1. UNION MEETINGS 
   

28.1 All team members are entitled to two Union Meetings per calendar year. These will be paid meetings to a maximum of two hours each. The Union will notify team members as to the date of these meetings.

28.2 Union delegates are entitled to meet (on pay) up to one hour each month at a time agreed with the store manager or his/her nominee. The first 30 minutes will be for the delegates to discuss matters. The store manager or his/her nominee will attend the second thirty minutes to listen to and respond to delegates’ comments and / or discuss company matters with the delegates.

1. PAID EDUCATION LEAVE
   

Paid Employment Relations Education Leave will be provided to team members based on the table in s74 of the Employment Relations Act 2000 or 150 days per annum (March to March) whichever is the higher.  

The Union will advise team members of this leave during the term of the Agreement.

1. FUNERAL BENEFIT INSURANCE
   

The company will cover the cost of the Funeral Benefit Insurance at the rate of 95c per member per week.

The Union will send the company a monthly schedule listing the names of Union members who have been accepted by the insurer.

The company will remit the premiums to the Union’s national office.

No premiums are to be paid on behalf of a team member unless the company has been advised by the Union, by way of monthly schedule, of their acceptance of this insurance.

1. VARIATIONS IN AGREEMENT
   

This Agreement may be varied by agreement in writing of both the Company and the Union.

1. TERM OF AGREEMENT
   

This Agreement shall take effect from 01 August 2017 and shall remain in force until 31 July 2019

This Agreement has been executed on by FIRST Union Inc. and the Directors of The Warehouse Limited.

On behalf of The Warehouse Ltd Date

On behalf of FIRST Union Inc Date

Appendix A

1. Salary Option for Supervisors

Individual discussions will be held with current salaried supervisors and the option provided for him/her to switch to fortnightly wages.  Supervisors who wish to retain salaried status will be grand-parented.

1. Team members employed prior to 1 October 2006 who have not signed on to the new Performance Incentive Plan will continue to be paid as per the former plan. 
   

Memorandum of Understanding     

No preferential treatment

The Warehouse has advised F1RST Union that it will not agree to wages or conditions in its Individual Agreement that are more or less favourable than the wages and conditions that are provided for in this CA (with the exception of union only provisions).

Unpleasant or Foul material

The Company will notify the Managers that team members may be asked but will not be required to clean up foul material deposited around the stores. It will further advise that team members will not suffer any repercussions if they decline to attend to such duties. 

FIRST UNION - CONTACT LIST