10 June 2013
1. Introduction
The purpose of this Agreement is to establish a framework within which constructive employment relationships can be developed and maintained in partnership. Throughout the Company, people are central to our future profitability. Success will depend on the positive atmosphere we create and the excellent service we provide to our customers.
The main body of this Agreement sets out the common principles which will apply across Wm Morrison Supermarkets Plc, irrespective of Business Area. The supporting appendices provide further details applicable to each Business Area as these differ.
In a highly competitive industry, the Company must continue to provide consistently good value and outstanding customer service. Creating an environment where our Colleagues will support us in achieving these goals is essential.
Colleagues’ commitment to flexibility and adaptable working practices, making full use of their skills, training and expertise is a vital element in securing improved business performance, employment security and to delivering the right results for our customers and our shareholders. By working together we can balance the needs of the business and the needs and interests of Colleagues, both individually and collectively.
The Parties to this Agreement recognise that the Union has a valuable and effective role to play in the employment relationship which can add value to the decision making process. This Agreement embodies the principle of the way we will work together. The Parties will ensure the terms and principles of this Agreement are continually respected and implemented.
Any previous National Partnership Agreements are superseded by this Agreement.
Parties to this Agreement only continue to be so for as long as they are recognised by the Company.
For the purposes of this Agreement, the following definitions apply:
• “Agreement” means this agreement and any appendices to it.
• “Colleague” means a person who is directly employed by the Company and is within scope of this Agreement.
• “Company” means Wm Morrison Supermarkets PLC.
• “Business Area” means the specific businesses within Wm Morrison Supermarkets PLC as detailed in the appendices, for example, Retail, Manufacturing and Logistics.
• “Final Offer Arbitration” means a dispute resolution method where the arbitrator must select the position of one of the Parties instead of proposing a compromise.
• “National Negotiation Meeting” means the meeting through which all negotiations between the Parties to this Agreement take place relating to pay and conditions of employment.
• “National Partnership Agreements” mean the National Partnership Agreement between the Company and USDAW dated 5 February 2007 and the National Agreement between the Company, USDAW and SATA dated August 2001.
• “Parties” means the Company and the Union.
• “Union” means the Union of Shop, Distributive and Allied Workers (USDAW) and the Supervisory Administrative and Technical Association (SATA).
• “Union Representative” means a Colleague representative who has been elected in accordance with the agreed procedure as outlined in this Agreement.
2. Recognition & Scope
This Agreement provides for the sole recognition of USDAW and SATA for the purposes of representing Colleagues in respect of:
• Recruitment and organisation
• Grievance and disciplinary matters
• Consultation
• Collective bargaining
The Scope of the Agreement in relation to each Business Area is specified in the relevant appendix.
3. Exceptions to Recognition & Scope
The Company and the Union agree that, in certain acquired establishments, despite recognition commencing from the date of acquisition, access to the store/site will be agreed on individual basis following the date of acquisition. This will be notified to the Union at national level and the Company and the Union shall agree a new date for access to the Store/Site.
4. General Principles
a) The Company, USDAW and SATA are committed to working together in a spirit of partnership to the mutual benefit of the Company and its Colleagues.
b) The Parties to this Agreement recognise the success of the Company is paramount to the well being of Colleagues and is the basis on which improvements in pay and conditions and continued employment security can be achieved.
c) The Parties agree that good relations between them are essential to the success of the Company and that this is best achieved through mutual respect, openness and trust. Regular communications between the Parties are a key component. Good relations will ensure the highest levels of productivity and quality of service thereby benefiting Colleagues, shareholders and customers alike.
d) The Parties recognise that to achieve continued commercial success change is inevitable and desirable. The Parties will work together to manage the impact of change in contracts and working practices in a responsible and constructive manner.
e) The Parties recognise each other’s legitimate and separate functions. The Union understands and recognises the Company’s right and responsibility to manage the business and the Company understands and recognises the Union’s right to represent the views and interests of its members.
f) In order to assist the Union to be representative of all Colleagues in scope, the Company agrees to bring to the attention of all new Colleagues the details of membership of the Union. It is the free choice of Colleagues whether or not to join a union. The Company encourages all employees who wish to become members of a trade union to join USDAW.
5. Union Recruitment
The Company will provide facilities for the appropriate paid official/Union Representative to meet new Colleagues during their induction period, to outline the value and benefits of union membership.
Reasonable notice of inductions will be provided to Union Representatives who will be allowed up to 30 minutes to make an appropriate presentation, including the union DVD, as part of the induction programme. Working together, Management and Representatives will discuss the agenda so that attendance is possible.
The Company will also provide recruitment facilities for Union Representatives to meet existing Colleagues during their tea or lunch breaks. These facilities will be agreed in advance with the store/site General Manager.
The Company will, where authorised by Colleagues within scope, deduct union subscriptions direct from pay and forward these to the Union on an agreed regular basis. The deduction will be such amounts as are agreed under USDAW or SATA rules and on presentation of a union deduction form signed by the Colleague. The Company will not be responsible for the deduction of arrears or repayment of overpayments. Should a Colleague withdraw from membership of USDAW or SATA, then they must make a written request to the Company to stop their subscription. If a Colleague moves into a role out of scope of this agreement (including to a role in scope of SATA from a role in scope of USDAW or vice versa), their union deductions will stop automatically and the Colleague must manage the change in subscriptions.
6. Visiting Morrisons Locations
The Parties recognise that the Union’s paid officials must respect the following procedure when visiting stores/sites:
• Telephone the store/site General Manager or, in their absence, the Personnel/HR Manager preferably 7 days in advance, to agree a date and time and to outline the purpose of their visit. NB: In exceptional circumstances, less notice can be given by agreement.
• Follow normal visitor procedure.
• Report to the Store/Site General Manager on arrival.
• Visits can be made at any time throughout the 7 day operation. Security access needs to be confirmed in advance with the store/site General Manager for visits outside of normal trading/operating hours.
Visits must not be made for recruitment purposes during busy trading periods, i.e. Christmas, Easter, Bank Holidays.
7. Representation
Colleagues who are members of USDAW or SATA may be elected as workplace Union Representatives to represent members in accordance with the terms of this Agreement. These Union Representatives will also take responsibility for Health & Safety.
The agreed numbers of Union Representatives within each Business Area are contained within the relevant appendices.
The Union will strive to provide representation for union members across the whole store/site operation and every effort will be made to ensure that the Company does not incur extra costs or suffer any undue disruption in the process.
Appointment and position of Representatives
Since it is clearly in the interests of both the Company and the Union that people of the highest possible ability fill the position of Union Representative, the following standards are agreed:
a) Candidates for election should be a member of USDAW or SATA, be within scope of this Agreement, have no less than one year’s continuous service with the Company (or demonstrable previous experience) and must be employed on a Morrison’s standard contract.
In new establishments, the candidate must be within scope of the Agreement and be a member of USDAW or SATA.
b) Candidates for election must not be subject to a live formal disciplinary warning (verbal or above) whether or not that warning is the subject to an appeal at the time candidacy is submitted.
c) Union Representatives must be selected based on their availability to effectively cover the full spectrum of business operational hours. If a Union Representative is part time, the hours worked must complement the working pattern of the other Union Representatives at that location.
d)The store/site General Manager and Area Organiser should discuss any Union Representative vacancies and the process by which these will be filled.
e) All Representatives must be mutually acceptable to the Union and the Company. The Company will not unreasonably object to a choice of Union Representative. In the event that the Company objects to a specific nomination, a meeting will be held to resolve the matter. In the interim, the person nominated by the Union will not take up the post. In the event that agreement cannot be reached, and only after full discussion carried out with good will on both sides, the Union will put forward an alternative nomination.
f) Elections must take place in accordance with the Union rules.
Appointment as a Union Representative will immediately and without further notice cease as soon as a Colleague:
a) Ceases to be a member of USDAW or SATA;
b) Leaves the scope of this Agreement;
c) Provides the Company (or any of its subsidiaries) with notice to terminate his/her employment;
d) Is issued with notice from the Company (or any of its subsidiaries) to terminate his/her employment;
e) Is derecognised from their Union Representative role by USDAW or SATA;
f)Becomes ineligible for the position (i.e. no longer meets the Union Representative criteria as set out above).
In the event that the conduct of a Union Representative, either in the context of his/her personal work performance or conduct or in the discharge of duties under the terms of this Agreement, shall be unacceptable (including being in receipt of a verbal warning or above pursuant to the disciplinary procedure), the Company may object to the continued appointment of the Union Representative and the Parties shall follow the same process as is referred to in respect of the appointment of Union Representatives.
Where appropriate, the Union shall organise for alternative nominations to be made and a ballot (if necessary) to take place to replace the Union Representative in respect of whom the Company has raised an objection. During the period between the Company raising the objection and resolution of the matter, the Union shall arrange for an alternative existing Union Representative to discharge their relevant duties under this Agreement.
Union Representative Core Training
The Parties recognise that it is in the interests of all concerned to ensure Union Representatives receive the very best training and development to enable them to carry out their duties in a responsible and effective way. The Company agrees to provide Union Representatives with paid time off to attend approved union training courses as follows:
• Introductory 3 day Union Representatives training course
• Introductory 3 day Health & Safety Representative training course.
• 5 day training course Advanced Shop Steward course.
It is agreed that the above training courses should ideally be completed within 12 months of appointment, with the initial introductory course taking place as soon after the appointment as possible.
The Union will request attendance of the course to the store/site General Manager. Unless there are extenuating circumstances, where a shorter notice period may be agreed, the request must be put in writing and provide at least two weeks’ notice of the forthcoming course(s). The Union will also meet reasonable travelling costs to enable the Union Representatives to attend such training.
Due to the nature of the business, such training cannot take place during December and in the week prior to and including Easter. Should the Company be unable to release a Union Representative for operational reasons, every effort will be made to accommodate them on the next available course.
Union Representative Ad-Hoc Training
From time to time, USDAW offer a variety of training courses to improve the broader skills and knowledge of Union Representatives. Release for attendance on such courses must be requested, with at least two weeks notice to the Company (unless there are extenuating circumstances where a shorter notice period may be agreed) at a local level to local management and will be considered on an individual basis. This may include Summer Schools, TUC Courses, Branch Officers training, USDAW Academy programme and annual and regional ‘Get Togethers.’
Time off Work for Union Duties
Union Representatives will be permitted reasonable time off without loss of earnings to carry out their duties and responsibilities under this Agreement. Union Representatives must obtain permission from their store/site General/Personnel/HR Manager for authorisation. Permission must be obtained as far as possible in advance and the reasons and likely length of absence must be explained.
Should the Company request that such time off is postponed for operational reasons; the Parties will endeavour to agree a suitable alternative. All Parties will act reasonably on the question of postponement.
The Union Representative must, at all times, carry out their duties efficiently and with due regard to the cost involved. Activities not concerned with the Company’s business will not qualify for time off or payment.
Annual Delegates Meeting
In February each year the National Officer will request release for selected Union Representatives to attend the USDAW Annual Delegates Meeting in April/May from Employee Relations at Hilmore House who will confirm arrangements for that year. The Company will confirm in good time those for whom release can be accommodated.
The Company will enable paid leave for up to 4 Union Representatives per USDAW division to attend. Any further requests for members may be authorised on an unpaid leave basis. Any release will however be based on operational requirements.
Stand Down Representatives
The USDAW division may request selected Union Representatives from either USDAW or SATA to stand down from their normal duties to assist with a Union recruitment drive or a Union specific project. The Company will consider such requests on an individual basis taking into account the impact on the business and benefit to the Company, the Colleague and USDAW. In these circumstances Union Representatives will continue to be paid by the Company and their wages (including employers NI and pension costs) will be reimbursed by the Union. Periods of stand down will ordinarily constitute 12 weeks per calendar year for one Union Representative in each division.
Subject to local agreement the 12 week stand down period may be taken as shorter periods of time by different Union Representatives providing that the total amount of release does not exceed 12 weeks in total in each division.
Facilities for Union Representatives
The following facilities are to be made available to Union Representatives for the purpose of carrying out their responsibilities under this Agreement:
• Notice Boards
A section of the notice board may be designated by the Company for use by the Union Representative. Any articles, posters, etc to be displayed must be approved in advance by the store/site General/Personnel/HR Manager.
• Filing
The store/site Personnel/HR Manager will provide some storage/filing facility. The Union Representative will not, however, have the automatic right of entry or use of an office and permission must be sought from the store/site General/Personnel/HR Manager on each occasion access is required.
• Use of Telephone
The Union Representative will be allowed to have access to a telephone on the premises. This telephone will be as designated by the store/site General/Personnel/HR Manager, though normally it will be the Personnel/HR Manager. All calls must be placed through the administration office. The Union Representative will be allowed to make and receive calls that are applicable to their role as Union Representative.
Prior to making any calls, a Union Representative must seek the approval of the store/site General/Personnel/HR Manager. The Company and its Colleagues need to be extremely cost conscious, therefore, telephone usage must be as infrequent as possible and calls kept to a minimum duration.
Meetings with Members
Meetings during working hours must not take place unless authorised by the store/site General Manager who will decide on the most appropriate time and venue to suit the business needs. Where business needs dictate, the Company may require such meetings to be held outside the Colleagues’ working hours, although it will so far as reasonably practicable provide reasonable accommodation for such meetings. Should a Union Representative wish to meet an individual Colleague then he or she should approach the store/site Personnel/HR Manager so a suitable opportunity can be mutually agreed.
8. Lifelong Learning
The Parties to this agreement recognise the value of lifelong learning in developing individual abilities, which can in turn have a positive effect on the business. The Company and the Union will jointly promote lifelong learning initiatives.
9. Joint Consultative Committee Structure
Both the Company and the Union recognise that regular communication between the Company and its Colleagues is vital. The Company is committed to fully involving the Union in the decision making process, and the Parties are committed to effective, ongoing communication and dialogue.
The Joint Consultative Committee structure (the “JCC”) has been established to assist communication, focus on solutions, ensure that the views of all Colleagues are consistently listened to and acted on and to build a great place to work.
The JCC will be a forum at which matters affecting and concerning the Company’s business can be discussed on a consultative basis. It is recommended that joint areas for consultation include:
• Business Update: Performance, Progress and Plans
• Health and Safety
• Customer Service
• Colleague Update including Welfare and Benefits
• Training and Development
• Nomination of JCC Representative for Area/Business Unit meetings or National meetings.
The timing, grouping and frequency of meetings will be continuously reviewed to ensure they are as constructive as possible and that the Company’s trading is not unduly affected. A timetable will be produced annually but may be subject to change should circumstances require it.
Full details relating to Business Area JCC structures can be found in the relevant appendix.
Agenda Items
Prior to each JCC meeting, agenda items will be requested from those attending and must be appropriate to the level of consultation; i.e. specific store/site related issues should be dealt with at store/site level and not put forward to Area/National JCC meetings.
For JCC’s above store/site level, facilities will be provided for the Area Organiser to meet with Representatives for 1 hour prior to the start of the meeting.
Minutes
All minutes of store/site JCC meetings will be agreed with a Representative prior to being displayed on the Colleague notice board. The minutes are published to enable all Colleagues to be aware of the content of the meetings. Agreed minutes of other JCCs will also be published on the Colleague notice board.
10. Negotiating Structure: Pay and Conditions of Employment
This Agreement provides the Union with negotiating rights, on behalf of those members employed in the designated areas, on pay and conditions of employment. However, the Union acknowledges that certain benefits, which are applicable on a Company wide basis, are at the discretion of Management and are non negotiable but subject to review and consultation. These benefits include, for example, the Profit
Share Scheme, Colleague Discount Scheme, Service Awards, Share Save Schemes and the Company Pension Scheme.
Negotiations will be separate and relevant to the individuals covered within the scope of the agreement (USDAW and SATA). All National Negotiation Meetings will take place through a committee which will include one store Union Representative per Region, one Union Representative from Wm Morrison Produce Limited, one Union Representative from Farmers Boy Limited and one union Representative from Woodhead Bros. The business will consider requests to change where Representatives attend from if there are concerns that certain groups are not represented. The committee will also include the Union’s National Officer and an Area Organiser. The Company representatives will include up to two Management Board Directors, two HR Directors and other members of Management appointed either generally or for specific meetings at the absolute discretion of the Company.
Negotiations will normally take place on an annual basis although both the Company and the Union recognise that there is merit in negotiating agreements that may last for a longer duration than one year.
The Parties agree that no claims will be made or negotiations entered into on any substantive matters other than through the above procedure.
The decisions of the National Negotiating Committee will be communicated via an agreed joint statement signed by all members of the National Negotiating Committee. The joint statement will be distributed to:
• Members of the National Negotiating Committee;
• Store/site General Managers;
• Union Representatives (one pack per store/site);
• Displayed on Colleague notice boards.
The joint statement will be put to either USDAW or SATA membership and voted on by a secret ballot, conducted by the Union. The Company will facilitate the distribution and collection of ballot papers to all stores/sites, through the Company’s internal system. The ballot papers will be forwarded to the Union’s Central Office for counting in the presence of two Union Representatives (within the scope of this Agreement) and Management overseeing the procedure. The result of the ballot will be duly announced and communicated to all stores/sites. Agreements reached through the negotiating structure will be applied following a ballot outcome in favour, by majority (i.e. more than 50%), by those voting.
In the event that the Parties cannot resolve matters through the normal negotiating structure then the areas of disagreement will be referred to the Advisory Conciliation
Arbitration Service (ACAS). Should conciliation prove to be unsuccessful then the Parties agree to Final Offer Arbitration and ACAS shall be asked to appoint an Arbitrator. ACAS shall provide the Arbitrator with a succinct statement of the final positions as stated by both Parties in the conciliation process. The issues to be determined by Arbitration shall be agreed prior to appointment of the Arbitrator and the parties shall also agree a joint statement of their final negotiating position, reached under ACAS conciliation, to the Arbitrator. The Arbitrator will be asked to decide positively in favour of one side or the other. Both Parties agree to abide by the decision of the Arbitrator.
The Parties agree that there will be no coercion, industrial action, threats of industrial action or steps taken in preparation for any industrial action of any kind until the above process has been fully exhausted and concluded.
11. Failure to Agree
The Parties recognise that differences between them may arise in relation to matters covered by this Agreement. They will work together to resolve these differences in the spirit of partnership and the terms of this Agreement. Until all procedures under this Agreement have been exhausted, no unilateral action will be taken.
12. Disciplinary/Appeals Procedure
The Parties agree that an effective disciplinary and appeals procedure is necessary for promoting good employment relations and fairness in the treatment of individuals. It is unlikely that any set of disciplinary rules can cover all circumstances that may arise, however it is essential that certain standards of performance and conduct be maintained to protect the efficient running of the Company and the well being of its Colleagues.
The procedure is designed to help and encourage all employees to achieve and maintain appropriate standards of conduct, attendance and job performance. Job performance may also be managed under the Performance Improvement Procedure and Management reserve the right to use either procedure.
The Union agrees to provide representation (if requested by a Colleague) for formal disciplinary and appeal hearings. In the unusual event that the Union is unable to provide representation on the scheduled date, it would take steps to organise representation (if necessary from outside of the location) within 5 days of the request.
The Disciplinary and Appeals Procedure is contained in the relevant Colleague Handbook.
13. Grievance Procedure
The Company recognises that from time to time Colleagues may have a grievance or complaint about their employment and that all Colleagues have the right to a working environment free from bullying, discrimination or harassment. Any complaint of bullying or harassment will be addressed through the Company’s Grievance Procedure.
The Company policy is to encourage free communication between Colleagues and their managers. This procedure is designed to ensure that such questions and problems can be considered and where possible, resolved quickly and to the satisfaction of all concerned.
In all cases it is agreed that Colleagues carry out such tasks and instructions as have been issued pending the completion of the procedures and subject to the maintenance of safe working practices. The Company Grievance Procedure is contained in the relevant Colleague Handbook.
The Union agrees to provide representation (if requested by a Colleague) for formal grievance hearings. In the unusual event that the Union is unable to provide representation on the scheduled date, it would take steps to organise representation (if necessary from outside of the location) within 5 days of the request.
14. Performance Management (SATA only)
The Performance Improvement Policy ensures that we are consistent and fair in the treatment of all our colleagues when managing underperformance. The policy is designed to be used when other methods of informal coaching and support, such as performance development reviews (PDR’s), appraisals or job chats, have been exhausted.
15. Organisational Restructuring / Redundancy Agreement
Initial Measures
There may be occasions where the Company, for commercial reasons, must consider staffing/resource levels, either generally or in a particular section of the workforce. In those circumstances, the Company would initially seek to avoid the implementation of a compulsory redundancy programme and would give consideration to the following in the first instance:
• Restricting the use of temporary and casual staff
• Natural wastage
• Recruitment suspension
• Overtime restriction
• Review of probationary Colleagues
• Reduction/rescheduling of hours
• Re-deployment and retraining (with appropriate trial periods)
• Early retirement
• Voluntary redundancy (as opposed to enforced), subject to Management authorisation and the needs of the business.
Site/department Union Representatives and the appropriate Union Area Organiser will always be regularly consulted during such considerations.
Selection Procedures
In the event that compulsory redundancies are required, the Company will adopt a process of selection and consultation that will be a fair and even-handed assessment of each Colleague (within the affected group) based on such criteria as:
• Skill/performance
• Disciplinary record
• Attendance (in which special circumstances may apply)
• Length of service
This is not an exhaustive list as individual business circumstances must be reflected in appropriate selection criteria.
The selection procedure will always be conducted using agreed assessment documents, which will be utilised in full awareness of the Company’s Equality and Diversity Policy.
Those Colleagues with the highest scores will have priority when it comes to considering who will be retained in existing posts or selected for any vacant positions.
The second stage of the assessment is a one-to-one meeting with affected colleagues to explore individual circumstances and the options available.
Severance Payments
Where applicable, any severance payment will be as outlined below:
1. Notice Period
Notice will be issued in accordance with the individual Colleague’s contract.
2. Accrued Holiday Entitlement
Outstanding holiday entitlement to the contract end date.
3. Redundancy Payment
A redundancy payment will be made based on the statutory ready reckoner with the following exceptions:
•A guaranteed minimum of 1 week’s pay will be awarded for any Colleague with one year’s service.
•A week’s pay will be the greater of contractual pay or 12 weeks average earnings including pay, overtime and shift premiums, calculated up to the date on which notice is given. A week’s pay will be subject to the statutory weekly cap for hourly paid colleagues and uncapped for salaried colleagues.
•Car, fuel allowance and bonus are excluded (eligible salaried colleagues).
•Service is capped at the statutory 20 years for hourly paid colleagues and uncapped for salaried colleagues.
4. Ex Gratia Payment (Hourly Paid Colleagues only)
The Company has the absolute discretion to award ex-gratia payment of £150.00 for each complete year of continuous service subject to a maximum of 12 years (£1,800) for hourly paid employees. For part time Colleagues, if the Company does exercise this discretion, this payment will be pro-rata to the Colleague’s contracted hours as at the date that notice is given.
5. Benefits (Salaried Colleagues only)
PruHealth - Health Insurance
Colleagues will be compensated for the loss of benefit. This will be calculated by using the Inland Revenue benefit in kind value pro rata to the length of unworked notice. This will be included in the Colleagues final taxed pay.
Company Car
Colleagues may retain their car for the duration of their notice period.
Car Bond 10% of redundancy pay or £2,000, whichever is the lower, will be retained by the Company pending the return of the Colleagues car in an acceptable condition.
Private Fuel
If notice is not worked, compensation for the loss of private fuel benefit will be calculated as £30 per week x the number of weeks of unworked notice. This will be included in the Colleagues final taxed pay.
Car Allowance
If notice is not worked, the car allowance will be included in the Colleagues notice pay and will be taxable.
Profit Share
Eligibility rules require Colleagues to be in the employment of the Company when payment is made. When a Colleague is not required to work their notice, their date of leaving for calculating profit share eligibility will be determined as if the Colleague had worked their notice period.
16. Health and Safety
All Parties recognise their joint responsibility for Health and Safety at work and the necessity for having effective and comprehensive Health and Safety arrangements in place and undertake to follow the Company’s procedures. Details are displayed on the Colleague notice board.
All Union Representatives will be expected to take part in store/site JCC meetings and discuss matters of Health & Safety with the store/site General/Personnel/HR Manager. A Union Representative will be provided appropriate time off to attend to Health & Safety matters at a store/site.
17. Flexibility
In order to respond to and meet business needs, it is agreed and understood that all Colleagues covered by this Agreement may be directed onto other duties.
Any Colleague so required to carry out alternative duties will retain their normal rate of pay unless the work being done is of a higher rate of pay. In such a case, the appropriate higher rate will apply for the period concerned provided that the Colleague has been required to carry out work of a higher rate for a period of 50% or more of their working week, or 4 hours or more on any given shift (Manufacturing only), where the higher rate of pay is for a role also covered by this
Agreement. Colleagues who are undergoing training for a higher-paid job do not qualify for the higher rate until training is satisfactorily completed.
18. Working Time
The Company and the Union have collectively agreed to disapply and modify some of the provisions of the Working Time Regulations 1998.
The reference period used to calculate average weekly working time is extended from the 17 weeks stipulated in the Regulations to 52 weeks commencing from the beginning of the Company’s financial year in February. This is necessary for organisational and technical reasons to ease the administrative burden placed on the Company and to accommodate the seasonal peaks and troughs common to our industry.
Other aspects relating to working time such as holidays and rest breaks are detailed in the Colleague Handbook.
19. Job Security
The Company may from time to time be in a position whereby it requires Colleagues to be temporarily laid off. In order to ensure that any loss of earnings is kept to a minimum, the Company will provide Guarantee Payments as outlined below:
Lay Offs, Guarantee Payments & Redundancy
This section applies to USDAW members only.
a) A permanent Colleague who is temporarily laid off by the Company for one of the reasons specified in paragraph (b) will receive a Guarantee Payment calculated in accordance with paragraph (c), provided they can satisfy the qualifying conditions on such number of days as is specified by paragraph (d).
b) The right to a Guarantee Payment shall accrue where the Colleague is laid off by virtue of either (i) a diminution in the requirement of the Company for the Colleague to carry out the work he/she is normally required to do or (ii) any other occurrence affecting the normal working of the Company’s business in relation to work of the kind which the Colleague is employed to do. In either case the Company has been unable to offer suitable alternative work for the Colleague to do in lieu of his/her normal duties.
c) The qualifying conditions, which Colleagues must satisfy before they are entitled to a Guarantee Payment, are as follows:
i) Colleagues must have been continuously employed for a period of not less than one month ending with the day before that in which the Guarantee Payment is claimed. Colleagues who have successfully completed their probationary period on the date when they are laid off are entitled to the Guarantee Payment as outlined in paragraph (d).
ii) Their normal working hours must have required them to work on the day in respect of which they claim. They must have been laid off for the whole day with no reasonable offer made by the Company to permit them to make up their hours during the course of the same working week in which the lay off occurs.
iii) Colleagues must on each day in respect of which they claim comply with reasonable requirements of the Company with a view to ensuring availability for work if needed.
iv) Colleagues must not have been unfit for work on the day in question by virtue of illness or otherwise nor absent on holiday.
v) The work-less day must not have arisen as a consequence of voluntary closure by the Company or of a strike, lock out or other industrial action.
d) The Guarantee Payment shall be calculated by multiplying the Colleague’s basic hourly rate by one fifth of the guaranteed weekly hours whether or not such amount exceeds the statutory limit.
e) The Colleague shall not be entitled to a Guarantee Payment in respect of more than five days off in any one of the relevant periods, that is to say, the period of three months commencing on the 1 February, 1 May, 1 August and 1 November in each year.
f) Nothing in this paragraph relating to layoffs and Guarantee Payments shall affect the Company’s right to make Colleagues redundant in appropriate circumstances although the Company will ensure that temporary layoffs (preserving continuity of employment) will be used in cases where redundancy is inappropriate. Redundancies will in all cases only follow full consultation in accordance with Section 14 (Severance Payments) of this Agreement and the law.
20. Amendment and Termination
One month’s notice is required to be given by either party to the other in writing to amend any clause in this Agreement and three months’ notice will be given by either party to the other in writing, to terminate the Agreement.
The only exception would be the enactment of any statutory provisions, which had the effect of making any clause, paragraph or section in this Agreement contrary to law.
Signed on behalf of the Company:
Title:
Date: 06/06/2013
Signed on behalf of the Union:
Title:
Date: 07/06/2013
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Appendix One: Retail
1. Scope
The scope of the National Partnership Agreement within Retail applies as follows:
USDAW All hourly paid employees in all current and future retail stores, excluding overseas locations.
SATAAll Salaried Department Managers and Salaried Assistant Department Managers;
BOTH To all colleagues transferred to any of the above areas from any place of employment within the Company.
2. Representation
Employees who are members of the Union may be elected as workplace representatives to represent Union members as follows:
| Union | Store Size | Number of Union Representatives per store |
| USDAW | Up to 150 colleagues
151-299 colleagues 300+ colleagues |
2
3 4 (one of which must be able to cover a night shift) |
| SATA | Retail stores | 1 |
3. Joint Consultative Committee Structure/Communication
The JCC structure for Retail is as follows:
Store Level
Four JCC meetings are conducted each year. The timetable for these meetings is usually January, April, July and October. The meeting must be chaired by the Store General Manager and include the attendance of the Personnel Manager, the Union Representative(s), and other elected colleague(s) so that there is representation from across the store’s departments.
Every two years, the Store JCC committee members will select one representative to sit on the Area JCC.
Area Level
Area JCC meetings are held twice yearly (usually March, and September) and are chaired by the Area Manager. The Area Personnel and Training Manager, a Union Area Organiser, one elected representative per store and, where possible, a Company Health and Safety Manager will attend. The store representative will be a nominated Union Representative wherever possible.
Every two years the Area JCC members will select two Union Representatives to sit on the National JCC. One of these two representatives will be selected to also serve on the National Negotiating Committee, again for a period of two years.
National Level
Two National JCC meetings are conducted each year chaired by the Group Retail Director. The Retail HR Director, Group Health and Safety Manager, a representative from Employee Relations, the Union National Officer, and two elected Union Representatives per Company region will attend these JCC meetings. Of the two elected regional Representatives, one will attend as the Deputy Regional Representative and one Regional Representative will also attend National Negotiation meetings.
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Appendix Two: Manufacturing
1. Scope
The scope of the National Partnership Agreement within Manufacturing applies as follows:
USDAW All hourly paid employees in the current listed manufacturing sites and all future sites:
• Wm Morrison Produce Limited
• Farmers Boy Limited: Winsford, Deeside and Greenside
• Woodhead Brothers
• Flowerworld Limited
• Morrisons Manufacturing - Grimsby
SATAAll salaried roles up to and including Administrators and Co-ordinator roles or equivalent.
2. Representation
Employees who are members of the Union may be elected as workplace representatives to represent Union members as follows:
| Union | Business Area | Number of Union Representatives |
| USDAW | Wm Morrison Produce Ltd | Up to 4 representative (including ideally 1 on nights) |
| Farmers Boy Ltd | ||
| Woodhead Brothers | ||
| Flowerworld Ltd | 2 representatives | |
| Morrisons Manufacturing Grimsby | ||
| SATA | Wm Morrison Produce Ltd | 2 representatives per site (1 x mornings, 1 x twilight) |
| Farmers Boy Ltd | ||
| Rathbones | ||
| Morrisons Manufacturing Grimsby |
3. Joint Consultative Committee Structure
The JCC structure for Manufacturing is as follows: Site Level - Manufacturing
Four JCC meetings are conducted each year chaired by the Site General Manager and include representatives of management, the Union Representatives(s) for the location and the elected Representative from each department/area.
Every two years, the committee members will select one Representative to sit on the Business Unit Level.
Business Unit Level - Manufacturing
Business Unit JCC meetings are held twice yearly (usually March and August) chaired by the Business Unit Operations Director. The other attendees include the Business Unit HR Manager, the Union Area Organiser, together with up to five elected representatives per site.
Every two years at the Business Unit JCC meetings, the members will select two Union representatives to sit on the National JCC Committee. The representatives should work at different sites.
National Level - Manufacturing
Two National JCC committee meetings are conducted each year chaired by the Manufacturing Director. The Manufacturing HR Director, Health and Safety Manager and another HR management representative will be in attendance along with the Union National Officer and up to three selected representatives per business unit.
From the National JCC committee representatives, one Representative from each business unit will be elected to attend the National Negotiating Committee for a period of two years.
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Appendix Three: Logistics
The scope of the National Partnership Agreement within Logistics applies as follows:
USDAW There is no recognition for hourly paid colleagues under this agreement.
SATA All salaried clerical roles up to and including Administrator or equivalent.
2 Representation
Employees who are members of the Union may be elected as workplace representatives to represent Union members as follows:
| Union | Business Area | Number of Union Representatives |
| SATA | Distribution | 2 representatives per site (1 x days, 1 x nights) |
3. loint Consultative Committee Structure
This is not applicable to Logistics.
1. Scope
The scope of the National Partnership Agreement within Hilmore House applies as follows:
USDAWHourly paid colleagues (Facilities).
SATANot applicable.
2. Representation
Employees who are members of the Union may be elected as workplace representatives to represent Union members as follows:
| Union | Business Area | Number of Union Representatives |
| USDAW | Hilmore House | 1 |
3. Joint Consultative Committee Structure
This is not applicable to Hilmore House.