Agreement between B&M Retail Limited (in relation to Distribution Centre employees) and Union of Shop, Distributive and Allied Workers (USDAW) - 2015

1. RECOGNITION

This is an agreement between B&M Retail Limited, hereafter referred to as the Company, and the Union of Shop, Distributive and Allied Workers, hereafter referred to as the Union.

The Company agrees to deal exclusively with the Union (and no other union) on all matters within the scope of this Agreement.

2. SCOPE

i.This Agreement shall apply to all non-management Company colleagues located at all B&M Distribution Centres (hereafter referred to as colleagues).

ii.The Company is committed to working jointly with the Union over the next 12 months following the signing of this agreement with a view to agreeing how best to implement arrangements for pay negotiations for colleagues.

3. GENERAL PRINCIPLES

i. The Company and the Union are committed to working together in a spirit of partnership to the mutual benefit of the Company and its colleagues.

ii. The partners to this agreement recognise that they have a mutual objective in ensuring the success of the Company as the basis on which improvements to pay and conditions can be achieved.

iii. The partners agree that good relations between them are helpful to the success of the Company and that this is achieved through mutual respect, openness and trust.

iv. The partners recognise each other's legitimate and separate functions. The Union recognises the Company’s right and responsibility to manage the business and the Company recognises the Union's right to represent the views and interests of its members.

v. In order to assist the Union to be fully representative of all colleagues, the Company agrees to bring to the attention of all new colleagues the benefits of membership of the Union.

vi. The Union will have the opportunity to explain the benefits of membership to new colleagues as part of the induction process.

vii. The Company will deduct Union subscriptions from salaries of colleagues who wish to pay their subscriptions this way, subject to completion of the appropriate form and will encourage use of this facility.

4. REPRESENTATION

Colleagues of the Company who are members of the Union may be elected as workplace representatives to represent Union members in accordance with the terms of this agreement.

4.1. Appointment

i. The Company and the Union will agree the number of representatives required.

ii. Representatives will be permanent colleagues and should have not less than one year’s service with the Company prior to nomination.

iii. As soon as a Colleague ceases to be a member of the Union, or ceases to be employed by the Company as a non-management Distribution Centre employee, their appointment as a Union representative will cease.

iv. AN representatives must be mutually acceptable to the Union and the Company. The Company will not unreasonably object to a choice of representative. In the event that the Company objects to a specific nomination, their objections will be put in writing to the Area Organiser concerned. The Area Organiser can appeal against the objection to the Area Manager, following which a meeting will be held to resolve the matter.

v. The Union will provide the Company with a list of appointed representatives.

vii. Area Organisers will have the opportunity to meet with newly appointed Representatives to outline ways of working between the Company and the Union. Meetings will normal take approximately 2 hours and the last 30 minutes will be a joint meeting including the appropriate manager.

4.2. Facilities

i. The Company will give access to reasonable facilities comprising office accommodation (not sole use), telephone and mail and will also provide secure storage for Representatives’ Union documents.

ii. The Company will, wherever possible, make available reasonable accommodation for meetings of Union members. The dates and times of such meetings will be agreed between the parties and will be arranged to minimise disruption to the activities of the Company.

iii. Union representatives will be permitted to take reasonable time off without loss of earnings to carry out their duties and responsibilities under this agreement in accordance with the provisions the ACAS code of practice “Time off for Trade Union Duties and Activities”.

iv. Representatives seeking time off for union duties will request paid time off from work from management as far as possible in advance giving the reason and likely length of absence.

v. Should the Company request that such time off be postponed for operational reasons, the partners will endeavour to agree a suitable alternative. Neither party will act unreasonably on the question of postponement.

vi. The Company will provide union representatives with reasonable facilities to communicate with other colleagues, for example notice boards.

5. RECRUITMENT

- B&M will inform all new and existing employees covered by this agreement about the benefits of joining Usdaw.

® Usdaw Representatives/Area Organisers will be invited to attend induction sessions for new employees covered by this agreement to promote the benefits of Usdaw

membership and wifi be allowed around 30 minutes to make an appropriate presentation (including questions and answers).

® Usdaw recruitment literature and a membership application form will be given out with the induction pack to new starters as part of the Company’s induction programme.

« The Company will notify the Usdaw National Officer of any new distribution centre openings a minimum of three months or at the earliest opportunity prior to opening with details of site address and contact details.

« In the event of a new distribution centre opening, an Usdaw Representative/Official will be allowed around 45 minutes to make an appropriate presentation (including questions and answers) as part of the induction programme.

- B&M will also provide reasonable recruitment time and facilities for recognised Usdaw Officials to meet existing employees covered by this agreement.

® From time to time, Usdaw may request that an Usdaw Representative is stood down from their normal role. Wages for all periods of stand down will be paid by the Company and reimbursed monthly by Usdaw.

6. LEARNING

6.1 Academy

Usdaw currently runs an Organising Academy secondment and local Reps may request the opportunity to participate in this.

6.2 Usdaw’s Annual Delegate Meeting

The Company will support one Usdaw Representatives from each Distribution Centre to attend the Usdaw Annua! Delegate Meeting with pay.

Usdaw’s National Officer will advise the Company in writing of the paid attendees to the ADM no later than six weeks before the date of the meeting.

Favourable consideration will be given for further Usdaw Representatives to attend ADM by taking holidays or unpaid leave.

6.3 Lifelong Learning

All partners recognise the benefits of lifelong learning and development and that it is essential to the successful future of the organisation and individuals who work there. Therefore, all parties are committed to working in partnership to promote and support Lifelong Learning across the Company and ensure equal access to learning opportunities for all employees.

7. CONSULTATION

i. Both partners recognise that regular communication between the Company and its colleagues is vital. The Company and the Union are committed to effective, ongoing communications and to fully involving colleagues in the issues discussed under this agreement.

ii. Consultative mechanisms will be established to ensure that the views of all colleagues are consistently listened to and acted on. 

iii. To facilitate this process each Distribution Centre will have a Joint Consultation Committee (hereafter referred to as the JCC) made up of appointed Union representatives for the Distribution Centre and a local Company manager. The JCC will discuss employee relations, health and safety issues and other matters relevant to employment relations. The JCC will meet once every other month (6 per year) and the minutes will be circulated to all JCC representatives and made available to all relevant colleagues.

iv. Prior to each JCC Meeting the Union will hold a pre-meeting with all JCC Reps and supported by the full time Area Organiser to discuss issues raised by members and to agree what items are submitted to the Company for inclusion on the agenda for the JCC Meeting.

v.In addition, the Company will support two meetings each year, involving 2 appointed Union representatives from each Distribution Centre along with the Usdaw National Officer, the Distribution Director, senior site management and HR support.

8. HEALTH AND SAFETY

9. SECURITY OF EMPLOYMENT

The Usdaw National Officer will be given notification of any site closures or proposals to make 20 or more redundancies as soon as is reasonably practicable.

SIGNATORIES TO THE AGREEMENT

All those who have signed below signify their acceptance of this agreement between B&M Retail Limited and Usdaw.

This agreement is not intended to be contractual.

This Agreement becomes effective between the parties from the date of signature and will be reviewed on an annual basis. If either partner wishes to terminate the agreement, they must give six months’ notice in writing, to the Head Office of the Company or Union as appropriate.

- Signed on behalf of B&M Retail Limited -

Karen Hubbard

Chief Operating Officer

- Signed on behalf of the Union of Shop,Distributive And Allied Workers

Paddy Lillis

Usdaw Deputy General Secretary