Common use of Counselling and Discipline Clause in Contracts

Counselling and Discipline. 19.1 Where a breach of employee duties (including under clause 11) is indicated, the matter will be the subject of appropriate investigation by management, and possibly followed by counselling of the employee(s) concerned. Where it is considered the employee may be at fault then an official warning and/or other disciplinary action may also follow. This shall be the case even if a more tolerant approach has been previously taken at particular workplaces. In the case of serious misconduct, an employee’s employment may be terminated without notice or payment in lieu. 19.2 Serious misconduct includes but is not limited to: (a) Dishonesty or Theft (b) Falsification of Worksheets (c) Misuse or Abuse of Equipment (d) Intoxication (e) Illicit Drug Use (f) Fighting (g) Physical or Verbal Abuse (h) Sexual Harassment (i) Actions Endangering Health or Safety (j) Commission of a Crime 19.3 Where suspension of duties is necessary while an investigation regarding the facts is taking place, this shall be: (i) by disengagement or without pay in the case of a casual employee; and (ii) on ordinary time payment only for other employees, but to the limit of the value of the employee’s accrued leave and RDO credits. 19.4 In the latter case, where the employee: (a) is exonerated, earnings for the suspension period shall be made up and such make-up for each of the employee’s normal working days is to be calculated at his/her average daily earnings rate over the thirteen weeks prior to suspension; or (b) is terminated in his/her employment, then the value of payment due in respect of the suspension period shall be deducted from the value of any accrued leave and RDO credits that would otherwise be payable on termination, and the individual concerned shall be deemed to have taken his/her leave for the relevant period. 19.5 In the rare case of employment being terminated by Linfox, the former employee may make an ‘unfair dismissal’ claim in accordance with the Industrial Relations Xxx 0000, and seek to be represented by the Union. 19.6 Nothing in this agreement shall affect the right of Linfox to immediately terminate an individual’s employment for serious misconduct.

Counselling and Discipline. 19.1 Where a breach of employee duties (including under clause 11) is indicated, the matter will be the subject of appropriate investigation by management, and possibly followed by counselling of the employee(s) concerned. Where it is considered the employee may be at fault then an official warning and/or other disciplinary action may also follow. This shall be the case even if a more tolerant approach has been previously taken at particular workplaces. In the case of serious misconduct, an employee’s employment may be terminated without notice or payment in lieu. 19.2 Serious misconduct includes but is not limited to: (a) Dishonesty or Theft (b) Falsification of Worksheets (c) Misuse or Abuse of Equipment (d) Intoxication (e) Illicit Drug Use (f) Fighting (g) Physical or Verbal Abuse (h) Sexual Harassment (i) Actions Endangering Health or Safety (j) Commission of a Crime 19.3 Where suspension of duties is necessary while an investigation regarding the facts is taking place, this shall be: (i) by disengagement or without pay in the case of a casual employee; and (ii) on ordinary time payment only for other employees, but to the limit of the value of the employee’s accrued leave and RDO credits. 19.4 In the latter case, where the employee: (a) is exonerated, earnings for the suspension period shall be made up and such make-up for each of the employee’s normal working days is to be calculated at his/her average daily earnings rate over the thirteen weeks prior to suspension; or (b) is terminated in his/her employment, then the value of payment due in respect of the suspension period shall be deducted from the value of any accrued leave and RDO credits that would otherwise be payable on termination, and the individual concerned shall be deemed to have taken his/her leave for the relevant period. 19.5 In the rare case of employment being terminated by Linfox, the former employee may make an ‘unfair dismissal’ claim in accordance with the Industrial Relations Xxx 0000Act 1996, and seek to be represented by the Union. 19.6 Nothing in this agreement shall affect the right of Linfox to immediately terminate an individual’s employment for serious misconduct.

Counselling and Discipline. 19.1 12.1 Where a breach of employee duties (including under clause 117) is indicatedalleged, the matter will be the subject of appropriate investigation by management, and possibly followed by counselling of the employee(s) concerned. Where it is considered the employee may be is at fault then an official warning and/or other disciplinary action action, which includes termination, may also follow. This shall be the case even if a more tolerant approach has been previously taken at particular workplacestaken. In the case of serious misconduct, an employee’s 's employment may be terminated without notice or payment in lieu. 19.2 12.2 Serious misconduct includes but is not limited to: (a) Dishonesty or Theft (b) Falsification of Worksheets (c) Misuse or Abuse of Equipment (d) Intoxication (e) Illicit Drug Use (f) Fighting (g) Physical or Verbal Abuse (h) Sexual Harassment (i) Actions Endangering Health or Safety (j) Commission of a Crime 19.3 12.3 Where suspension of duties exceeding the 48 hour period (described below) is necessary while an investigation regarding the alleged facts is taking place, this shall be: : (i) by disengagement or without pay in the case of a casual employee; and and (ii) on RDO credits and then, if necessary, accrued leave, on ordinary time payment only for other employees, but to the limit of the value of the employee’s 's accrued leave and RDO credits. 19.4 12.4 In the latter case, where the employee: : (a) is exonerated, earnings for the suspension period shall be made up and such make-up for each of the employee’s 's normal working days is to be calculated at his/her average daily earnings rate over the thirteen weeks prior to suspension; or or (b) is terminated in his/her employment, then the value of payment due in respect of the suspension period shall be deducted from the value of any accrued leave and RDO credits that would otherwise be payable on termination, and the individual concerned shall be deemed to have taken his/her leave for the relevant period. 19.5 In the rare case of employment being terminated by Linfox12.5 A suspension and investigation period should be no longer than 48 hours, the former employee may make an ‘unfair dismissal’ claim except in accordance with the Industrial Relations Xxx 0000special or extraordinary circumstances, and seek to be represented by the Unioneg. police involvement. 19.6 Nothing in this agreement shall affect the right of Linfox to immediately terminate an individual’s employment for serious misconduct.

Counselling and Discipline. 19.1 23.1 Where a breach of employee duties (including under clause 11) is indicated, the matter will be the subject of appropriate investigation by management, and possibly followed by counselling of the employee(s) concerned. Where it is considered the employee may be at fault then an official warning and/or other disciplinary action may also follow. This shall be the case even if a more tolerant approach has been previously taken at particular workplaces. In the case of serious misconduct, an employee’s employment may be terminated without notice or payment in lieu. 19.2 23.2 Serious misconduct includes but is not limited to: (a) : • Dishonesty or Theft (b) Theft • Falsification of Worksheets (c) Timecards • Misuse or Abuse of Equipment (d) Intoxication (e) Equipment • Intoxication • Illicit Drug Use (f) Fighting (g) Use • Disclosure of Confidential Information • Fighting • Physical or Verbal Abuse (h) Abuse • Sexual Harassment (i) and Other Harassment • Actions Endangering Health or Safety (j) Safety • Commission of a Crime 19.3 23.3 Where suspension of duties is necessary while an investigation regarding the facts is taking place, this shall be: : (i1) by disengagement or without pay in the case of a casual employeedisengagement; and and (ii2) on ordinary time payment only for other employees, but to the limit of the value of the employee’s accrued leave and RDO credits. 19.4 23.4 In the latter case, where the employee: (a) employee is exonerated, exonerated earnings for the suspension period shall be made up and such make-up for each of the employee’s normal working days is to be calculated at his/her average daily earnings rate over the thirteen weeks prior to suspension; . 23.5 Where a suspension of duties arises, the parties will commit their best endeavours to resolving the status of the employee concerned within a maximum period of 48 hours. This is intended to ensure that the employee is fully accorded procedural fairness and that the matter is dealt with expeditiously. 23.6 An employee whose behaviour or (b) performance is terminated considered unacceptable or requiring improvement will be counselled as to EVONIK Xxxxxxx's expectations. 23.7 Where counselling is not successful or inappropriate of itself in his/the circumstances and further investigation or action is warranted, a formal disciplinary interview and warnings may be necessary. Warnings will be issued by a senior EVONIK Degussa management representative and shall be recorded. The employee concerned may choose to have a witness or representative present at a disciplinary interview. In issuing a warning, the Company representative will advise the employee what action is required to rectify the situation. 23.8 In circumstances where an employee may be subject to counselling, disciplinary action or the termination of his or her employment, then the value of payment due ‘Counselling and Disciplinary’ procedure outlined in respect of this clause displaces and is separate to the suspension period shall Dispute Settlement procedure. Where initiated by management, the Counselling and Disciplinary procedure must be deducted from the value of any accrued leave and RDO credits that would otherwise be payable on termination, and the individual concerned shall be deemed allowed to have taken his/her leave for the relevant periodrun its course without undue interference. 19.5 In the rare case of employment being terminated by Linfox, the former employee may make an ‘unfair dismissal’ claim in accordance with the Industrial Relations Xxx 0000, and seek to be represented by the Union. 19.6 23.9 Nothing in this agreement Agreement shall affect the right of Linfox EVONIK Degussa to immediately terminate an individualindividual employee’s employment for serious misconduct.

Counselling and Discipline. 19.1 18.1 Where a breach of employee duties (including under clause 119) is indicated, the matter will be the subject of appropriate investigation by management, and possibly followed by counselling of the employee(s) concerned. Where it is considered the employee may be at fault then an official warning and/or other disciplinary action may also follow. This shall be the case even if a more tolerant approach has been previously taken at particular workplaces. In the case of serious misconduct, an employee’s employment may be terminated without notice or payment in lieu. 19.2 18.2 Serious misconduct includes but is not limited to: (a) Dishonesty or Theft (b) Falsification of Worksheets (c) Misuse or Abuse of Equipment (d) Intoxication (e) Illicit Drug Use (f) Fighting (g) Physical or Verbal Abuse (h) Sexual Harassment (i) Actions Endangering Health or Safety (j) Commission of a Crime 19.3 18.3 Where suspension of duties is necessary while an investigation regarding the facts is taking place, this shall be: (i) by disengagement or without pay in the case of a casual employee; and (ii) on ordinary time payment only for other employees, but to the limit of the value of the employee’s 's accrued leave and RDO credits. 19.4 18.4 In the latter case, where the employee: (a) is exonerated, earnings for the suspension period shall be made up and such make-up for each of the employee’s 's normal working days is to be calculated at his/her average daily earnings rate over the thirteen weeks prior to suspension; or (b) is terminated in his/her employment, then the value of payment due in respect of the suspension period shall be deducted from the value of any accrued leave and RDO credits that would otherwise be payable on termination, and the individual concerned shall be deemed to have taken his/her leave for the relevant period. 19.5 18.5 In the rare case of employment being terminated by LinfoxCSR, the former employee may make an ‘'unfair dismissal’ ' claim in accordance with the Industrial Relations Xxx 0000Act 1996, and seek to be represented by the Union. 19.6 18.6 Nothing in this agreement shall affect the right of Linfox CSR to immediately terminate an individual’s 's employment for serious misconduct.

Counselling and Discipline. 19.1 Where a breach of employee duties (including under clause 11) is indicated, the matter will be the subject of appropriate investigation by management, and And possibly followed by counselling of the employee(s) concerned. Where it is considered the employee may be at fault then an official warning and/or other disciplinary action may also follow. This shall be the case even if a more tolerant approach has been previously taken at particular workplaces. In the case of serious misconduct, an employee’s employment may be terminated without notice or payment in lieu. 19.2 . Serious misconduct includes but is not limited to: (a) : Dishonesty or Theft (b) Theft Falsification of Worksheets (c) worksheets Misuse or Abuse abuse of Equipment (d) Intoxication (e) equipment Intoxication Illicit Drug Use (f) Fighting (g) drug use Fighting Physical or Verbal Abuse (h) verbal abuse Sexual Harassment (i) harassment Actions Endangering Health or Safety (j) endangering health and safety Commission of a Crime 19.3 crime Where suspension of duties is necessary while an investigation regarding the facts is taking place, this shall be: : (i1) by disengagement or without pay in the case of a casual employee; and employee and (ii2) on ordinary time payment only for other employees, but to the limit of the value of the employee’s accrued leave and RDO credits. 19.4 . In the latter case, where the employee: (a) employee is exonerated, earnings for the suspension period shall be made up and such make-make up for each of the employee’s normal working days is to be calculated at his/her average daily earnings rate over the thirteen weeks prior to suspension; or (b) . If the employee is terminated in his/her employment, then the value of payment due in respect of the suspension period shall be deducted from the value of any accrued leave and RDO credits that would otherwise be payable on termination, and the individual concerned shall be deemed to have taken his/her leave for the relevant period. 19.5 . In the rare case of employment being terminated by Linfox, the former employee may make an ‘"unfair dismissal’ " claim in accordance with the Industrial Relations Xxx 0000Act, and seek to be represented by the Union. 19.6 . Nothing in this agreement shall affect the right of Linfox to immediately terminate an individual’s employment for serious misconduct.. Warehouse Staff Pay Scales (38 hour week full time employee) Pay Scales (38 hour week full time employee) (a) Adult Entry Level Pay Rate 2 Pay Rate 3 Pay Rate 4 Pay Rate 5 01/01/04 609.99 622.34 634.78 647.66 673.00 05/07/04 616.09 628.56 641.13 654.14 679.73 01/01/05 634.57 647.42 660.36 673.76 700.12 (b) Juniors % of Group 1 Rate At 16 years of age 60 At 17 years of age 75 At 18 years of age 000 ASF Level refers to Australian Standards Framework. The ASF is a nationally agreed structure of eight levels of educational qualifications and eight levels of competency. The framework provides a link between the workplace and the vocational education system. The ASF was developed by the Australian National Training Authority. The use of the standards framework has been adopted by the majority of industry training councils in consultation with relevant Unions. National warehousing competency standards are based on ASF levels 1 through 5, as defined in the National Warehousing and Distribution Competency Standards. The table below demonstrates the progression of autonomy, supervision, tasks and skills from ASF Level 1 through ASF Level 4. ASF Level 1 (Entry Level) (Pay Rate 1) ASF Level 2] (Pay Rate 2-3) ASF Level 3 (Pay Rate 4) ASF Level 4 (Pay Rate 5) Constant supervision (First 13 Weeks) Direct supervision, with autonomy when working in teams Limited supervision. Broad guidance and autonomy when working in teams May be responsible for the work of others Work performed without supervision, but general guidance on progress and outcomes Work of others supervised, or teams guided or facilitated Responsible for the organisation of others’ work Narrow range of tasks and roles A range or tasks and roles Choice of actions are clear with limited complexity in the choice Broad range of skills and or specialist skills Some complexity in the extent of choice and actions Application of knowledge with depth and a broad range of skills Established routines, methods and procedures Established routines, methods and procedures with limited discretion and judgement Established routines, methods and procedures where some discretion and judgement is required for both self and others Established routines, methods and procedures where discretion and judgement is required for both self and others How ASF levels can relate to Linfox positions The table below provides some examples of how this may relate to the Linfox workforce. These positions are indicative only. ASF Level 1 (Entry Level) ASF Xxxxx 0 XXX Xxxxx 0 XXX Xxxxx 0 Xxxxx level for the first 13 weeks of employment Assembler Despatcher Packer Stock controller Driver DDA clerk Team Leader Replenishment Leading Hands Forklift Driver Note: The parties agree to establish clerical ASF levels within the first 12 months of the Agreement. Key Result Areas For the Linfox environment, the following Key Result Areas have been chosen to group like competencies: Processes and Systems (PS) Warehousing (WH) Administration (AD) Customer Service (CS) Workplace Safety (WS) Teamworking (TW) How to read a Competency Standard A B CC - Competency Title A - Key - A discrete component within a standard. It refers to the activities conducted. Result Area Code - The title should be written in output terms and be accurate and concise. B - ASF Level Number (refer above) CC - Unit of Competency Number (sequential) Key Actions are the building blocks of the unit of competency. They describe in output terms tasks an employee is able to do. Performance Criteria are statements which specify the level of performance. These criteria can then be used as an assessment guide and also provide assistance with training and development. Variables - Variable define the boundaries which the competency apply. They also provide a link workplace documentation, such as SOP’s, legislation and technical manuals. Variable relate to the unit as a whole. Competency Standards Guide Administration (AD) AD201 Operate office Equipment AD401 Purchase and install office equipment AD202 Deliver banking documents AD302 Manage debtors exposure AD203 Prepare and process financial documentation AD204 Produce and distribute operating reports AD303 Input into monthly management reporting AD304 Coordinate branch computer activities AD404 Manage branch computer activities AD207 Operate reception AD208 Process orders AD308 Process special orders AD408 Coordinate customer service activities AD210 Prepare and provide payroll information AD211 File and store documentation AD212 Handle incoming and outgoing mail AD213 Provide secretarial support AD309 Maintain product and pricing information AD310 Maintain personnel and payroll information AD214 Resolve PDE enquiries AD314 Coordinate electronic ordering activities AD414 Install, test and train electronic order AD215 Order stationery supplies Customer Service (CS) CS201 Respond to customer requests CS301 Practice and promote customer service in equipment CS401 Manage internal and external customer relations CS302 Practice supplier relations CS402 Manage supplier relations Workplace Safety (WS) WS201 Practice and monitor correct manual handling WS202 Clean and maintain work area and equipment WS301 Practice and promote correct manual handling WS401 Manage, practice and promote correct manual handling WS402 Manage and maintain work area and WS203 Follow and monitor safe work practices WS303 Identify and manage unsafe work practices equipment WS403 Identify and act on unsafe work WS304 Drive safely and professionally on WS405 Coordinate workers compensation activities Teamworking (TW) TW201 Team membership TW301 Encourage tearn development TW401 Coordinate team activities TW202 Communicate effectively TW302 Communicate effectively TW402 Communicate and respond Tw203 Maintain and develop competencies TW303 Develop other team members effectively TW403 Identify and develop workplace competencies workplace competencies Competency Standards Guide Key Result Area ASF Xxxxx 0 XXX Xxxxx 0 XXX Xxxxx 4 Processes and PS201 Operate within and review Faulding Systems (PS) processes and systems PS301 Revise processes and systems PS401 Design and implement and processes PS202 Use the VAX computer system PS302 Use and maintain VAX computer systems PS203 Basic personal computer operation PS303 Advanced personal computer Operation systems PS402 Assist in computer system design and implementation Warehousing (WH) WH201 Prepare for assembly WH202 Pick and assemble an order (bin, bulk, or promotional) WH203 Pick and assemble a dangerous drugs order WH204 Locate storage area and product WH302 Coordinate line starting activities WH402 Coordinate assembly process WH303 Coordinate dangerous drugs activities WH205 Check and monitor stock WH305 Control warehouse stock WH405 Manage warehouse stock WH206 Pre-packing coordination WH207 Package in order WH208 Despatch orders WH308 Coordinate dispatch of orders WH408 Coordinate packing and dispatch process WH209 Prepare for delivery WH309 Deliver local/metropolitan orders WH210 Operate motorised handling equipment WH211 Operate non-motorised handling equipment WH212 Operate datamobil equipment WH312 Maintain warehouse automation equipment WH412 Manage warehouse automation equipment WH213 Receive and unload stock WH214 Process and received stock WH314 Process receiving paperwork WH414 Coordinate receiving process WH215 Replenish stock WH216 Process goods for credit WH316 Coordinate claims for credit WH217 Handle damaged, returned or claimed goods WH218 Participate in stocktakes WH318 Coordinate stocktake activities