AN120518 – Superior Walls & Ceilings Pty Ltd/CFMEU Enterprise Award Expiring 30 March 2008

APPENDIX F - COUNSELLING AND DISCIPLINARY PROCEDURES/TERMINATION OF EMPLOYMENT

Counselling and Disciplinary Procedures

This procedure applies in respect of Employees at the conclusion of their probationary period. Upon commencement of employment an Employee will be advised of the following procedure. The procedure will apply in all cases where formal counselling and disciplinary action is necessary.

Performance/General Misconduct

In the event that an Employee fails to maintain satisfactory performance levels in the case of general misconduct (e.g., lateness for work), the following counselling procedure will be applied. An Employee may elect at any step to have a Union delegate present.

Step 1 - Verbal Warning/Counselling

The Company shall have a discussion with the Employee in which it will advise him/her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then:

Remind the Employee of the procedures;
Issue a verbal first warning;
Advise the Employee of the standards of improvement required

Step 2 - First Written Warning/Improved Performance

If the Employee fails to meet the standards of improvement in accordance with Step 1 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him/her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then issue a written warning detailing:

The issues of concern;
The standards of improvement required

At the request of the Employee, copies of any written warnings will be given to the Company Union delegate or area Union Organiser.

Step 3 - Final Written Warning/Improved Performance

If the Employee fails to meet the standards of improvement in accordance with Step 2 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him/her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then issue a final written warning detailing:

The issues of concern;
The standards of improvement required;
That it is a final written warning and that failure to meet the standards of improvement stated therein will lead to dismissal

The relevant Employee being counselled will be requested to sign a copy of the written warnings referred to in Step 2 and Step 3 of this clause.

Revocation of Warning

If an Employee does not repeat the same offence which produced the need for the final warning, within 3 months of the warning, the final warning advice becomes null and void and cannot be considered grounds for termination.

Step 4 - Dismissal

If after receiving a final warning, the Employee repeats the same conduct within a period of 3 months, then the Employee may be terminated

If the Employee fails to meet agreed standards of improvement in accordance with Step 3 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him/her of the problems that it believes exist. The Employee will have the opportunity to respond to the allegations. If appropriate the Company may then issue a written notice of dismissal in accordance with this Award detailing the reasons for the dismissal

Serious and Wilful Misconduct

In the case of serious and wilful misconduct (e.g. theft, assault), the following procedure will be followed:

The Company shall have a discussion with the Employee in which it will advise him/her of the alleged serious and wilful misconduct. The Employee shall be entitled to have a Union delegate/Organiser in attendance and will have the opportunity to respond to the allegation. If appropriate the Company may then issue a written notice of dismissal detailing the reasons for the dismissal.

Failure to Apply Procedure

Any dismissal that is made without following the procedure set out above shall be deemed to be unfair and upon request from the Union the Employee shall be immediately reinstated and all lost wages paid.