SUGAR FIELD WORKERS (STATE)
CONSOLIDATED AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 2570, 2572 and 2573 of 1999)
|
Before Commissioner Bishop
|
24 October 2000
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Hours
2. Implementation of the 38-Hour Week
3. Rates of Pay
4. Safety Net Commitments
5. Definitions
6. Anti-Discrimination and Harassment
7. Labour Flexibility
8. Enterprise Arrangements
9. Overtime
10. Sundays and
Holidays
11. Annual Leave
12. Annual Holidays
Loading
13. Sick Leave
14. Personal/Carer’s
Leave
15. Long Service
Leave
16. Terms of
Employment
17. Payment of Wages
18. Lost Time
19. Drinking Water,
etc.
20. Bereavement
Leave
21. Fares and
Travelling
22. Safety Features
on Tractors, etc.
23. Grievance and
Dispute Resolution Procedures
24. Redundancy
25. Superannuation
26. Training Wage
27. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
PART C -
INDUSTRY/SKILL LEVEL RATES
Table 1 - Weekly
Rates - Skill Level A
Table 2 - Weekly
Rates - Skill Level B
Table 3 - Weekly
Rates - Industry/Skill Level C
Table 4 - Weekly
Rates - School Based Traineeships
Appendix A - Industry/Skill Levels
PART A
1. Hours
(i) The
ordinary working hours of all employees shall not exceed 38 in any one week and
shall not exceed eight in any one day, and shall be worked on Monday to Friday,
both days inclusive. The spread of
hours may extend from 5.00 a.m. to 8.00 p.m.
During the harvesting season, a start between 4.00 a.m. and 5.00 a.m.
can be arranged by mutual agreement within each individual harvesting crew
(generally consisting of a mechanical harvester operator and two infield buggy
operators), provided that where any member of the crew finds such early
starting time prior to 5.00 a.m. unacceptable, the union reserves the right to
participate in such negotiations.
Proper health and safety procedures will be observed. These provisions do not provide for the
working of double-shift harvesting.
(ii) Employees
shall be allowed at least a ten-minute "smoko" in the first and
second halves of the daily working hours, without deduction of pay.
(iii) Employees
engaged in the mechanical harvesting of cane shall be allowed an unpaid break
of not less than one half hour and not more than one hour on each day Monday to
Friday, both inclusive.
2. Implementation of
the 38-Hour Week
(i) The method
of implementation referred to in clause 1, Hours, shall be a rostered day off
by the employer allocating each employee, for each four-week cycle, one leisure
day off on an ordinary working hours day.
The union shall not be inhibited from seeking to have the leisure day
off on either a Monday or Friday.
(ii) The
following accrual shall occur:
(a) For each
ordinary day worked an employee shall accumulate 0.4 of one hour, arising as an
entitlement to take a leisure day in each four-week cycle as a day paid for as
though worked.
(b) Each day of
paid leave taken (excluding annual leave, long service leave and leisure days
occurring during a four-week cycle) and any public holidays during any cycle of
four weeks shall be regarded as a day worked for accrual purposes.
(c) Provided that
in any calendar year, where twenty days annual leave is taken, there shall be a
maximum of twelve rostered days off.
Provided further that for lesser periods of annual leave taken the above
will apply on a proportionate basis.
(iii) Where rostered
days off prescribed by this clause fall on either a public holiday as
prescribed in clause 10, Sundays and Holidays, or any other paid leave, the
rostered day off shall be taken on the next ordinary working day, unless an
alternative day in that four- week cycle (or the next four-week cycle) is
agreed upon in writing between the employer and employee.
(iv) Rostered
days off prescribed by this clause shall be taken as paid time off as follows:
(a) The entitlement
to leisure days which accrue in the harvesting season shall accumulate to the
credit of each employee and may be taken at times mutually agreed upon between
the employee and the supervisor, or be deferred until the following slack
season. The credit of leisure days
carried over from the harvesting season shall be taken consecutively with
annual leave or at times during the slack season as mutually agreed upon
between the employee and the supervisor.
However, no employee shall accrue an entitlement to more than seven
leisure days off.
(b) The entitlement
to rostered days off which accrue in the slack season shall be granted and
taken during the slack season on the basis of one day off in each four-week
cycle. The schedule for the taking of
rostered days off in the slack season shall be drawn up by the relevant Branch
of the New South Wales Canegrowers’ Association and discussed with the union’s
representative at the beginning of the slack season. However, by mutual agreement between the employee and supervisor,
another day may be substituted for the scheduled rostered day off, as long as
that substituted day will be granted and taken before the next scheduled
leisure day is due.
(c) Scheduled
leisure days off may be worked where that is required by the employer and such
work is necessary by reason of unforeseen or emergency circumstances. In which case the employee shall be paid
time and one-half for such time, plus the employee shall take paid time off in
lieu thereof before the end of the succeeding four-week cycle.
(v) An employee
who has not worked, or is not regarded by reason of paragraph (ii) (b) hereof
as having worked a completed four-week cycle, shall receive pro rata
entitlements for each day worked (or each fraction of a day worked) or regarded
as having been worked in such cycle, payable for the rostered day off. Or, in the case of termination of
employment, on termination.
3. Rates of Pay
(i) Hourly and
Weekly Hands - The minimum rates of wage to be paid to hourly and weekly hands,
subject to the provisions of clause 16, Terms of Employment, shall be amounts
as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii) Additional
Rates - The following rates shall be payable to employees in addition to the
rates prescribed in subclause (i) of this clause:
(a) Oil tractors -
as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates. This amount is paid per
hour whilst so engaged.
(b) Cleaning drains
- as set out in Item 2 of Table 2. This
amount is paid per hour whilst so engaged.
(c) Wet places - as
set out in Item 3 of Table 2. This
amount is paid per day, irrespective of the time worked. (For the purpose of this subclause, a place
shall be deemed to be wet when water, other than rain, is falling so that the
clothing of the employee becomes appreciably wet and/or when the water in the
place where the employee is working is sufficient to saturate the employee’s
boots).
(d) Working in
water where the water is of a depth of over 45 cm but less than 90 cm - as set
out in Item 4 of Table 2. Over 90 cm - as set out in the said Item 4.
(e) Working in
slurry - as set out in Item 5 of Table 2 per day, irrespective of the time
worked.
(f) Payment for
working in wet places and in slurry shall not be payable in respect of the same
day.
(g) Any employee
required to carry out welding work on, or major mechanical repairs to,
mechanical harvesting equipment (including harvesting machines, infield buggies
or motor vehicles) during the harvesting season shall be paid an additional
amount per hour as set out in Item 6 of Table 2 whilst so engaged.
(h) Field
Conditions - A field conditions allowance as set out in Item 7 of Table 2 shall
be paid per hour to all members of mechanical harvesting crews for all ordinary
hours worked during cane harvesting operations.
(iii) Piecework -
Subject to mutual agreement between employer and employee, payment by results
can be worked but only on the condition that no employee will at any time
receive or work under conditions which are less favourable than those provided
for within this award.
4. Safety Net
Commitments
(i) The rates
of pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset
against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Definitions
1. "Rural
Tradesperson/Mechanical Harvester Operator" Grade 1 (MHO) shall mean, for
the purposes of this award, a person who has successfully completed a relevant
TAFE trade course extending over a period of not less than three years duration
or has acquired special skills and who, during the course of employment, may be
called upon to utilise such skills and/or training to fully overhaul and
service mechanical harvesters and equipment and may also be required to operate
such machinery during the harvesting season.
2. "Mechanical
Harvester Operator" Grade 2 shall mean a person who has been trained to
operate, and has 12 months experience with, such equipment for the efficient
harvesting of cane and who accepts the responsibility for the infield servicing
of equipment and mechanical adjustments.
3. "Mechanical
Harvester Operator" Grade 3 shall mean a person who has been trained to operate
such equipment and who has less than 12 months mechanical cane harvesting
experience.
4. "Infield
Buggy Driver" shall mean a person who has received sufficient basic
training to drive, maintain and adjust mechanical equipment utilised in
conjunction with mechanical harvesters for the collection of and the dumping of
harvested cane into bins.
6.
Anti-Discrimination and Harassment
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
3. Under the Anti-Discrimination
Act, 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977.
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTE:
1. Employers and
Employees may also be subject to commonwealth anti-discrimination legislation.
2. Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act effects...any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
7. Labour Flexibility
(a) For the
purpose of increasing productivity and flexibility, as well as enhancing career
opportunities for employees, it is agreed that employees shall perform a wider
range of duties, including work which is incidental or peripheral to their main
tasks or functions.
(b) Subject to
the terms of agreement at the enterprise level, employees may undertake
training for a wider range of duties and for access to higher classifications.
(c) The parties
will not create barriers to advancement of employees within the award
structure.
(d) The parties
will co-operate in the transition from the old structure to the new structure
in an orderly manner without creating false expectations or disruptions.
(e) The
employer, employees and their respective organisations recognise the principle
of voluntary participation in training programs. Employees not wishing to be
trained will not be disadvantaged.
8. Enterprise
Arrangements
An enterprise arrangement shall be processed in accordance
with the Enterprise Arrangements Principle of the State Wage Case decision of
May 2000.
9. Overtime
(i) All time
worked in excess of the ordinary working hours shall be paid as overtime. However, unless the employee has worked the
full 38 hours during the period Monday to Friday, inclusive, unless prevented
by illness, accident, wet weather or other factors over which the employee has
no control, the overtime rate on Saturday shall not operate until the 38 hours
have been worked. However, all work
performed by field workers on Saturdays up to 12.00 noon shall be paid for at
the rate of time and one-half for the first two hours and thereafter at the
rate of double time.
(ii) The rate of
pay for overtime on weekdays shall be time and one-half for the first two hours
on any one day and thereafter at the rate of double time.
(iii) All
overtime shall be calculated upon and shall be paid for at the gross cash
amount of wages.
10. Sundays and
Holidays
(i) Weekly
employees shall be entitled to the following public holidays without loss of
pay: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen’s Birthday, Local Labour Day, Christmas Day and Boxing
Day or such other day as is observed generally in the locality as a substitute
for any of the said days, respectively, and any day now or hereafter proclaimed
or appointed by law to be observed as a public holiday for the State.
(ii) The
employer may deduct payment for the said holidays in any case where the
employee does not perform ordinary duties on the working days immediately
preceding and succeeding any of the holidays specified in subclause (i) of this
clause.
However, absence from duty owing to illness or injury
covered by a certificate of a medical practitioner or evidence satisfactory to
the employer or by consent of the employer on the days immediately preceding
and succeeding such holidays shall render an employee eligible for payment for
the holidays.
However, where the provisions of clause 18, Lost Time, are
exercised by the employer and any of the holidays specified in subclause (i) of
this clause occur during such lost time, the employer shall be bound to pay for
the holiday or holidays so occurring.
(iii) All work
done on the holidays specified in subclause (i) of this clause shall be paid
for at the rate of double time and one-half.
For the purpose of this provision, where the rate of wages is the weekly
rate, double time and one-half shall mean one and one-half days wages in
addition to the prescribed weekly rate or pro rata if there is more or less
than a full day.
(iv) All work
done on Sunday shall be paid for at the rate of double time.
(v) Any employee
who attends for work as requested by the employer on a Sunday or any of the
holidays specified in subclause (i) of this clause shall be paid a minimum of
three hours pay at the appropriate rate prescribed in either subclause (iii) or
subclause (iv) of this clause.
11. Annual Leave
Every employee covered by this award shall, at the end of
each year of employment, become entitled to an annual holiday of four weeks at
ordinary pay. Where the period of
employment of any employee covered by this award is less than one year, such
employee shall be paid by the employer, in addition to all other amounts due to
the employee an amount equal to one-twelfth of the ordinary pay for the period
of the employee’s employment. Subject
to the provisions of this clause, any relevant prescribed condition of the
Annual Holidays Act 1944, which is not in conflict with the provisions of this
clause, shall also apply to employees covered by this award.
12. Annual Holidays
Loading
(i) In this
clause, the Annual Holidays Act 1944 is referred to as "the
Act".
(ii) Before an
employee is given and takes an annual holiday or where, by agreement between
the employer and employee, the annual holiday is given and taken in more than
one separate period, then before each of such separate periods the employer
shall pay the employee a loading determined in accordance with this clause.
(NOTE: The obligation to pay in advance does not apply where
an employee takes an annual holiday wholly or partly in advance - see subclause
(vii) of this clause.)
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading
is to be calculated in relation to any period of annual holiday to which the
employee has become entitled under the Act and this award, or where such a
holiday is given and taken in separate periods, then in relation to each
separate period.
(v) The loading
is the amount payable for the period or the separate period, as the case may
be, stated in subclause (iv) of this clause, at the rate per week of 20 per
cent of the appropriate ordinary weekly time rate of pay prescribed by this
award for the classification in which the employee was employed immediately
before commencing annual holiday but shall not include amounts prescribed or
any other allowances, penalty rates, shift allowances, overtime rates or any
other payments prescribed by this award.
(vi) No loading
is payable to an employee who takes an annual holiday wholly or partly in
advance. However, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (v) of this
clause, applying the award rates of wages payable on that day.
(vii) Where, in
accordance with the Act, the employer’s establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (v) of this clause.
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid, in addition to the amount payable to the
employee under the Act, such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday prior to the closedown as the qualifying period of
employment in completed weeks bears to 52.
(viii)
(a) When the
employment of an employee is terminated by employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (v) of this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
13. Sick Leave
(i) A field
worker with not less than one month’s continuous service who does not attend
for duty by reason of personal ill health shall not lose pay for the actual
time of such non-attendance if:
(a) the employee
produces or forwards, as soon as practicable, satisfactory proof to the
employer that the non-attendance was due to personal ill health; and
(b) the employee
notifies the employer, as soon as reasonably practicable, that the employee is
unable to attend due to personal ill health.
(ii) An employee
shall not be entitled to payment for such absence for more than two weeks, the
equivalent of 76 working hours, in any calendar year, but sick leave allowable
under this clause may accumulate subject to continuous employment in respect of
not more than eight consecutive calendar years, the equivalent of 608 hours
pay.
(iii) For the
purpose of this clause, personal ill health shall not include ill health
occasioned by misconduct.
14. Personal/Carer’s
Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 13, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an adult
child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(e) a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
15. Long Service
Leave
See Long Service Leave Act 1955.
16. Terms of
Employment
(i)
(a) Field workers
(other than employees engaged in the mechanical harvesting of cane) may be
employed by the week, or by the hour, at not less than the weekly or hourly
rates respectively prescribed in subclause (i) of clause 3, Rates of Pay;
provided that the employer shall notify the employee at the time of engagement
whether the employee is employed by the week or by the hour, as the case may be.
(b) Employees
engaged in the mechanical harvesting of cane shall be employed by the week at
not less than the weekly rates prescribed in the said subclause (i).
(c) Except as
provided in subclause (ii) of this clause, the employment of weekly field workers
(including employees engaged in the mechanical harvesting of cane) may be
terminated by the giving of three days’ notice by either side, or by the
payment or forfeiture of three days’ wages in lieu thereof.
(ii) Nothing
contained in subclause (i) of this clause shall prevent an employer from
terminating the employment without notice because of the employee’s
disobedience, drunkenness, dishonesty, neglect of duty or other form of
misconduct.
(iii) The union
is committed to reaching agreement with employers to accommodate any changed
harvesting conditions to ensure a continuous supply of cane to the New South
Wales Milling Co-operative Ltd’s mills.
(iv) Notwithstanding
the provisions of paragraph (b) of subclause (i) of this clause, employees
engaged in the mechanical harvesting of sugar cane may be employed by the hour
to provide for an emergency. The ordinary hourly wage rate for such employees
shall be ascertained by dividing the ordinary weekly rate payable under Table 1
- Rates of Pay, of Part B, Monetary Rates, plus 15 per cent, by 38.
NOTE: In addition to the hourly rate thus ascertained,
emergency hourly employment shall also attract a one-twelfth loading in lieu of
annual leave, in accordance with the Annual Holidays Act 1944. This loading shall be payable only on gross
ordinary-time earnings and must be recorded in employment records.
17. Payment of Wages
(i) All payment
of wages shall be made at least once in each fortnight.
(ii) When an
employee leaves or is discharged from employment, the employee shall be paid as
soon as is reasonably practicable, provided that in any case payment shall be
made not later than the ordinary ceasing time on the next ordinary working day.
Where wages are not paid in accordance with the provisions of this subclause,
an employee kept waiting for payment shall be paid at the rate of the
classification under which the employee was last employed for all ordinary
working time until the employee is paid.
(iii) On the
payment by the employer of any wages to an employee, such employer shall
indicate, either by noting on the pay envelope of the particular employee or by
way of a statement in writing handed to the particular employee at the time of
paying the said wages, how the payment is made up by including in such noting
or statement such particulars as regards the date of payment, the period
covered thereby, the rate of wages, the number of hours worked, overtime
payments, annual leave payments, and details of any deductions.
(iv) Wages shall
be paid by electronic funds transfer, except where such method would create
harsh and unreasonable circumstances for the employee, payment of wages will be
made by either cash or cheque.
18. Lost Time
(i) When field
workers are engaged by the week in accordance with the provisions of subclause
(i) of clause 16, Terms of Employment, the employer may deduct payment for all
time lost by an employee through the employee’s own default or because of
floods, cyclones, strikes or through any breakdown of machinery or due to any
other cause for which the employer cannot reasonably be held responsible.
(ii) When the
field workers are engaged otherwise than by the week for the period mentioned
in subclause (i) of the said clause 16, if they have done any work upon any
half day they shall be paid for the whole of that day; if kept waiting through
wet weather and at the request of the employer they shall be provided with
food, free of charge, during the waiting time.
19. Drinking Water,
Etc.
Employers shall provide an adequate supply of fresh cold
water to employees for drinking and ablution purposes in a dirt-proof container
fitted with a tap to enable individual containers to be filled therefrom.
20. Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) of this clause.
(ii) The
employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will provide to the satisfaction of the employer
proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of Clause 14, Personal
Carer’s Leave, provided that for the purposes of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with the other leave available under
subclauses (2), (3),(4),(5) and (6) of the said clause 14. In determining such
a request the employer will give special consideration to the circumstances of
the employee and the reasonable operational requirements of the business.
21. Fares and
Travelling
(i) Any
employee called upon by the employer to use the said employee’s own motor
vehicle for the purpose of such employer’s business shall be paid a vehicle
allowance as set out in Item 8 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates.
(ii) All fares
and out-of-pocket expenses (including the cost of a reasonable standard of
board and lodging where necessary) incurred by an employee whilst travelling or
working away from the usual working district on the employer’s business, shall
be paid for by the employer.
22. Safety Features
on Tractors, Etc.
Adequate safety features shall be provided by the employer
on any tractor, infield buggy or mechanical harvester.
23. Grievance and
Dispute Resolution Procedures
(1) Procedures
relating to grievances of individual employees:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance if the matter has not been resolved, including reasons for
not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(2) Procedures
relating to disputes, etc., between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
(e) It is a
purpose of this procedure that normal work continue while the above is being
followed. No party shall be prejudiced as to final settlement by the
continuance of work in accordance with the procedure.
(f) This procedure
shall not apply to any dispute on a safety issue.
24. Redundancy
(A) Application
-
(i) The provisions
of this clause shall apply in respect of full-time and part-time persons
employed in the classifications specified by Table 1 - Rates of Pay, of Part B,
Monetary Rates.
(ii) This award
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction
of Change -
(i) Employer’s duty
to notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where subparagraph (i) of paragraph (a) of
this subclause makes provision for alteration, it shall be deemed not to have
significant effect.
(ii) Employer’s
duty to discuss change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in the said
subparagraph (i), the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said subparagraph (i).
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(C) Redundancy
-
(i) Discussions
before terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(i) of paragraph (a) of subclause (ii) of this clause, and that decision may
lead to the termination of employment, the employer shall hold discussions with
the employees directly affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (i) of this
paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, the
number of employees normally employed and the period over which the
terminations are likely to be carried out. Provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
(D) Termination
of Employment -
(i) Notice of
changes in production, programme, organisation or structure - This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure in
accordance with subparagraph (i) of paragraph (a) of subclause (ii) of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years’ continuous service, shall be entitled
to an additional week’s notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (i) of paragraph (a) of subclause (ii) of this
clause:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months’ notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time off
during the notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this
subclause to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(v) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Employment National - Where a decision has been made to terminate employees,
the employer shall notify Employment National thereof as soon as possible, giving
relevant information, including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(vii) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by
Centrelink.
(viii) Transfer to
lower-paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (a) of subclause (ii) of this clause, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee’s employment had been terminated,
and the employer may, at the employer’s option, make payment in lieu thereof of
an amount equal to the difference between the former ordinary-time rate of pay
and the new ordinary-time rates for the number of weeks of notice still owing.
(E) Severance
Pay -
(i) Where an
employee is to be terminated pursuant to subclause (D), Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 years of Age Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of Service
|
45 Years of Age and Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) "Week’s
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
clauses 3, Rates of Pay.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in paragraph (a) of
this subclause will have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (a) of this subclause if the employer obtains
acceptable alternative employment for an employee.
(F) Savings
Clause - Nothing in this clause shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the industrial organisation of employees and any employer
bound by this clause.
25. Superannuation
(a) The subject
of superannuation contributions is dealt with extensively by legislation
including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993. The
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(b) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS).
Australian Superannuation Savings Employment Trust
(ASSET).
Australian Primary Industry Superannuation Fund
(APISF),
and shall participate in accordance with the Trust Deed of
that fund.
(c) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
NOTATION: Employer contributions under relevant legislation
are set at 7% until 30 June 2000, when they will increase to 8% and a final
adjustment of 9% from 1st July 2002
(d) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
within 14 days.
(e) An employee may
make contributions to the fund in addition to those made by the employer.
(f) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee’s wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(g) An employee
may vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation.
(h) All contributions
shall be made at the completion of each calendar month.
(i) Ordinary
time earnings shall be defined as including:
(i) Award
classification rate;
(ii) Overaward
payment;
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
overtime.
(iv) Casual loading
in respect to casual employees including 1/12 Annual Holiday Loading.
Ordinary time earnings does not include bonuses,
commission, payment for overtime or other extraordinary payment, remuneration
or allowance.
26. Training Wage
(i) The
objective of this clause is to assist with the establishment of a system of
traineeships which provides approved training in conjunction with employment in
order to enhance the skill levels and future employment prospects of trainees,
particularly young people and the long-term unemployed. The system is neither designed nor intended
for those who are already trained and job ready. It is not intended that existing employees shall be displaced
from employment by trainees. Nothing in
this clause shall be taken to replace the prescription of training requirements
in the award.
(ii) Subject to
subclause (iii) below, this clause shall apply to persons who are undertaking a
traineeship (as defined) under this award.
(iii) The terms
and conditions of this award shall apply, except where inconsistent with this
clause.
(iv) Notwithstanding
the foregoing, this clause shall not apply to employees who were employed by an
employer under this award prior to the date of approval of a traineeship scheme
relevant to the employer, except where agreed upon between the employer and the
relevant union(s).
(v) This clause
does not apply to the apprenticeship system or any training program which
applies to the same occupation and achieves essentially the same training
outcome as an existing apprenticeship in an award as at the date this award was
varied to include this clause, or in an award that binds the employer.
(vi) Definitions
-
(a) "Approved
Training" means training undertaken (both on or off-the job) in a
traineeship and shall involve formal instruction, both theoretical and
practical, and supervised practice in accordance with a traineeship scheme
approved by the relevant NSW Training Authority. The training will be approved and lead to qualifications as set
out in paragraph (e) of subclause (vii) - Training Conditions.
(b) "Trainee"
means an employee who is bound by a traineeship agreement made in accordance
with this award.
(c) "Traineeship"
means a system of training which has been approved by the relevant NSW Training
Authority, or which meets the requirements of a National Training Package
developed by a National Industry Training Advisory Board or major training
enterprise and endorsed by the National Training Framework Committee, which
leads to an Australian Qualifications Framework qualification specified by that
National Training Package, and includes full time traineeships and part-time
traineeships including school-based traineeships.
(d) "Traineeship
Agreement" means an agreement made subject to the terms of this award
between an employer and the trainee for a traineeship and which is registered
with the relevant NSW Training Authority or under the provisions of the
appropriate State legislation. A
traineeship agreement shall be made in accordance with the relevant approved
traineeship scheme and shall not operate unless this condition is met.
(e) "Traineeship
Scheme" means an approved traineeship applicable to a group or class of
employees or to an industry or sector of an industry or enterprise. A traineeship scheme shall not be given
approval unless consultation and negotiation with the relevant union(s) upon
the terms of the proposed traineeship scheme and the traineeship have
occurred. An application for approval
of a traineeship scheme shall identify the relevant union(s) and demonstrate to
the satisfaction of the relevant NSW Training Authority that the abovementioned
consultation and negotiation have occurred.
A traineeship scheme shall include a standard format which may be used
for a traineeship agreement.
(f) "Parties
to a Traineeship Scheme" means the employer organisation and/or employer
and the relevant union involved in the consultation and negotiation required
for the approval of a traineeship scheme.
(g) "School-Based
Trainee" is a student enrolled in the Higher School Certificate, or
equivalent qualification, who is undertaking a traineeship which forms a recognised
component of their HSC curriculum, and is endorsed by the relevant NSW Training
Authority and the NSW Board of Studies as such.
(h) "Appropriate
State Legislation" means the Industrial and Commercial Training Act 1989
or any successive legislation.
(i) "Year
10", for the purposes of this award, means that any person leaving school
before completing Year 10 shall be deemed to have completed Year 10.
(j) "Relevant
NSW Training Authority" means the NSW Department of Education and Training
or its successor.
(k) "Australian
Qualifications Framework (AQF)" means the national framework of
qualifications as agreed by the Ministerial Council for Employment, Education,
Training and Youth Affairs.
(vii) Training
Conditions -
(a) The trainee
shall attend an approved training course or training program prescribed in the
traineeship agreement or as notified to the trainee by the relevant NSW
Training Authority in accredited and relevant traineeship schemes.
(b) A traineeship
shall not commence until the relevant traineeship agreement, made in accordance
with a traineeship scheme, has been signed by the employer and the trainee and
lodged for registration with the relevant NSW Training Authority, provided
that, if the traineeship agreement is not in a standard format, a traineeship
shall not commence until the traineeship agreement has been registered with the
relevant NSW Training Authority. The
employer shall ensure that the trainee is permitted to attend the training course
or program provided for in the traineeship agreement and shall ensure that the
trainee receives the appropriate on-the-job training.
(c) The employer
shall provide a level of supervision in accordance with the traineeship
agreement during the traineeship period.
(d) The employer
agrees that the overall training program will be monitored by officers of the
relevant NSW Training Authority and training records or work books may be
utilised as part of this monitoring process.
(e) Training shall
be directed at:
(1) the
achievement of key competencies required for successful participation in the
workplace (where these have not been achieved, e.g., literacy, numeracy,
problem solving, team work, using technology) and as are proposed to be
included in the Australian Qualifications Framework Level 1 qualification.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(2) the
achievement of competencies required for successful participation in an
industry or enterprise (where there are endorsed national standards, these will
define these competencies), as are proposed to be included in the Australian
Qualifications Framework Level 2 qualification or above.
(viii) Employment
Conditions -
(a) A trainee
shall be engaged as a full-time employee for a maximum of one year’s duration,
provided that a trainee shall be subject to a satisfactory probation period of
up to one month, which may be reduced at the discretion of the employer. By agreement in writing, and with the consent
of the relevant NSW Training Authority, the relevant employer and the trainee
may vary the duration of the traineeship and the extent of approved training,
provided that any agreement to vary is in accordance with the relevant
traineeship scheme. Provided that a
trainee may be employed part-time pursuant to subclause (x) of this clause.
Where the trainee completes the qualification, in the
Traineeship Agreement, earlier than the time specified in the Traineeship
Agreement then the traineeship may be concluded by mutual agreement. Unless the relevant NSW Training Authority
otherwise directs, the maximum duration for a traineeship shall be 36 months.
(b) An employer
shall not terminate the employment of a trainee without firstly having provided
written notice of termination to the trainee concerned and to the relevant NSW
Training Authority in accordance with the traineeship agreement or the Industrial
and Commercial Training Act 1989.
An employer who chooses not to continue the employment
of trainee upon the completion of the traineeship shall notify, in writing, the
relevant NSW Training Authority of their decision.
(c) The trainee
will be permitted to be absent from work without loss of continuity of
employment and or wages to attend the training in accordance with the
traineeship agreement.
(d) Where the
employment of a trainee by an employer is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purposes of any relevant award or any other legislative entitlements.
(e)
(1) The
traineeship agreement may restrict the circumstances under which the trainee
may work overtime and shift work in order to ensure the training program is
successfully completed.
(2) No trainee
shall work overtime or shift work on their own unless consistent with the
provisions of the relevant award.
(3) No trainee
shall work shift work unless the parties to a traineeship scheme agree that
such shift work makes satisfactory provision for approved training. Such training may be applied over a cycle in
excess of a week but must average, over the relevant period, no less than the
amount of training required for non-shift work trainees.
(4) The trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the relevant award, unless otherwise agreed to by the
parties to a traineeship scheme.
(f) All other
terms and conditions of the relevant award(s) or former industrial agreements
that are applicable to the trainee, or would be applicable to the trainee but
for this award, shall apply unless specifically varied by this award.
(g) A trainee who
fails to either complete the traineeship or who cannot, for any reason, be
placed in full-time employment with the employer on successful completion of
the traineeship, shall not be entitled to any severance payment.
(ix) Wages -
(a)
(1) The weekly
wages payable to trainees are as provided in Table 1 - Weekly Rates - Skill
Level A, Table 2 - Weekly Rates - Skill Level B, Table 3 - Weekly Rates - Industry/Skill Level C and Table 4 - Weekly
Rates - School Based Traineeships of Part C - Industry/Skill Level Rates.
(2) These wage
rates will only apply to trainees while they are undertaking an approved
traineeship which includes approved training as defined in this clause.
(3) The wage rates
prescribed by this clause do not apply to complete trade level training which
is covered by the apprenticeship system.
(b) Appendix A sets
out the industry/skill level of an approved traineeship. The industry skill levels contained in
Appendix A are, prima facie, the appropriate levels but are not determinative
of the actual skill levels (i.e., Skill Levels A, B or C) that may be contained
in a traineeship scheme. The
determination of the appropriate skill level for the purpose of determining the
appropriate wage rate shall be made by the relevant NSW Training Authority,
based on the following criteria:
(1) any agreement
of the parties;
(2) the nature of
the industry;
(3) the total
training plan;
(4) recognition
that training can be undertaken in stages;
(5) the exit skill
level in the relevant award contemplated by the traineeship.
In the event that the parties disagree with such
determination, it shall be open to any party to the award to seek to have the
matters in dispute determined by the Industrial Relations Commission of NSW.
(c) For the
purposes of the said Tables l, 2 and 3, "out of school" shall refer
only to periods out of school beyond Year 10, and shall be deemed to:
(1) include any
period of schooling beyond Year 10 which was not part of, nor contributed to, a
completed year of schooling;
(2) include any
period during which a trainee repeats in whole or part a year of schooling
beyond Year 10; and
(3) not include
any period during a calendar year in which a year of schooling is completed;
(4) have effect on
an anniversary date, being January 1 in each year;
(5) no increase in
wage rate, as a result of an increase in the number of years "out of
school" experienced by a trainee, shall be payable before 1 January 1997,
except where such an entitlement to payment, as a result of an increase in the
number of years "out of school" has become due prior to 3 June 1996.
(d) At the
conclusion of the traineeship this clause ceases to apply to the employment of
the trainee and the relevant clauses of this award shall apply to the former
trainee.
(x) Part-time
Traineeships - This clause shall apply to trainees who undertake a traineeship
on a part-time basis by working less than full-time ordinary hours and by
undertaking the approved training at the same or lesser training time than a
full-time trainee.
(a) The wage rate
shall be pro rata the full-time rates based on variation in the amount of
training and or the amount of work over the period of the traineeship which may
also be varied on the basis of the following formula.
|
Full‑time wage rate
|
x
|
trainees hours ‑ average weekly training time
|
|
|
|
30.4*
|
*Note: 30.4
in the above formula represents 38 ordinary full-time hours less the average
training time for full-time trainees (i.e. 20%). A pro rata adjustment will
need to be made in the case where the relevant award specifies different
ordinary full-time hours: for example where the ordinary weekly hours are 40,
30.4 will be replaced by 32.
(b) "Full-time
wage rate" means the appropriate rate as set out in Table 1 - Weekly Rates
- Skill Level A, Table 2 - Weekly Rates - Skill Level B, Table 3 - Weekly Rates
- Skill Level C and Table 4 - Weekly Rates - School Based Traineeships of Part
C, Industry/Skill Level Rates.
(c) "Trainees
hours" shall be the hours worked per week including the time spent in
approved vocational training. For the purposes of this definition the time
spent in approved vocational training may be taken as an average for that
particular year of the traineeship.
(d) "Average
weekly training time" is based upon the length of the traineeship
specified in the traineeship agreement or training agreement as follows:
|
7.6 x 12
|
|
length of the traineeship in months
|
Note 1: 7.6 in the above formula represents the average
weekly training time for a full‑time trainee whose ordinary hours are 38
per week. A pro rata adjustment will need to be made in the case where the
relevant award specifies different ordinary time hours. For example, where the
ordinary weekly hours are 40, 7.6 will be replaced by 8.
Note 2: The parties note that the traineeship agreement
will require a trainee to be employed for sufficient hours to complete all
requirements of the traineeship, including the on the job work experience and
demonstration of competencies. The parties also note that this would normally
result in the equivalent of a full day’s on the job work per week.
(e) A part-time
trainee shall receive, on a pro rata basis, all employment conditions
applicable to a full‑time trainee.
All the provisions of this award shall apply to part-time trainees
except as specified in this clause.
(f) A part-time
trainee may, by agreement, transfer from a part time to a full-time traineeship
position should one become available.
(g) The minimum
daily engagement periods applying to part-time employees specified in the award
shall also be applicable to part-time trainees.
Where there is no provision for a minimum daily
engagement period in the award applying to part time employees, then the
minimum start per occasion shall be 3 continuous hours, except in cases where
it is agreed that there shall be a start of 2 continuous hours, on 2 or more
days per week, provided that:
(1) a 2 hour start
is sought by the employee to accommodate the employee's personal circumstances.
or
(2) the place of
work is within a distance of 5 km from the employee's place of residence.
(h) School‑based
trainees shall not be required to attend work during the interval starting four
weeks prior to the commencement of the final year Higher School Certificate
Examination period and ending upon the completion of the individual’s last HSC
examination paper.
(i) For the
purposes of this award, a school‑based trainee shall become an ordinary
trainee as at January 1 of the year following the year in which they ceased to
be a school student.
Example
of the calculation for the wage rate for a part time traineeship
A school student commences
a traineeship in Year 11. The ordinary hours of work in the relevant award are
38. The training agreement specifies
two years (24 months) as the length of the traineeship.
'
"Average weekly
training time'' is therefore 7.6 x 12/24 ‑ 3.8 hours.
"Trainee hours''
totals 15 hours; these are made up of 11 hours work which is worked over two
days of the week plus 1 ‑ 1/2 hours on the job training plus 2‑1/2
hours off the job approved training at school and at TAFE.
So the wage rate in Year
11 is:
$170 x 15 ‑ 3.8
= $62.63 plus any applicable penalty rates under the relevant award.
30.4
The wage rate varies when
the student completes Year 11 and passes the anniversary date of 1 January the
following year to begin Year 12 and/or if ' trainee hours" changes.
27. Area Incidence
and Duration
This award rescinds and replaces the Sugar Field Workers
(State) Award published 2 December 1994, (282 I.G. 887) and all variations
thereof, the Sugar Field Workers Training Wage (State) Award, published 8
December 1995 (289 I.G. 1199), and all variations thereof, and the Sugar Field
Workers Superannuation (State) Award published 2 December 1994 (282 I.G. 906),
and all variations thereof.
It shall apply to the industries and callings of employees
of the classes set out in Table 1 - Rates of Pay, of Part B, Monetary Rates,
engaged upon farms in the sugar mill areas of Condong, Broadwater and Harwood
within the jurisdiction of the Sugar Field Workers (State) Industrial
Committee.
The award takes effect from the beginning of the first pay
period to commence on or after 24 October 2000 and shall remain in force for a
period of 12 months.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Classification
|
Base Rate
$
|
June 2000 SWC
$
|
Total Rate
$
|
|
Field Workers:
|
|
From 14 to 16 years of age (50%)
|
201.85
|
7.50
|
209.35
|
|
From 16 to 18 years age (60%)
|
242.20
|
9.00
|
251.20
|
|
From 18 to 19 years of age (70%)
|
282.60
|
10.50
|
293.10
|
|
Over 19 years of age with:
|
|
Less than 12 months experience
|
387.50
|
12.00
|
402.50
|
|
More than 12 months experience
|
403.70
|
12.00
|
418.70
|
|
Mechanical Harvesting:
|
|
Field Assistant/Mechanical Harvesting
|
407.80
|
12.00
|
422.80
|
|
Infield Buggy Driver
|
431.00
|
12.00
|
446.00
|
|
MHO Grade 3 (Less than 12 months experience
|
440.40
|
12.00
|
455.40
|
|
MHO Grade 2 (more than 12 months experience)
|
452.60
|
12.00
|
467.60
|
|
Rural Tradesperson/MHO Grade 1
|
477.20
|
12.00
|
492.20
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
3(ii)(a)
|
Oil tractors
|
0.25 per hour
|
|
2
|
3(ii)(b)
|
Cleaning drains
|
0.41 per hour
|
|
3
|
3(ii)(c)
|
Wet places
|
2.22 per day
|
|
4
|
3(ii)(d)
|
Working in water 45 cm ¾ 90 cm
Over 90 cm
|
2.78 per day
2.99 per day
|
|
5
|
3(ii)(e)
|
Working in slurry
|
2.01 per day
|
|
6
|
3(ii)(g)
|
Repairing mechanical equipment
|
0.38 per hour
|
|
7
|
3(ii)(h)
|
Field conditions allowance
|
0.57 per hour
|
|
8
|
21(i)
|
Fare and travelling
|
0.46 per km
|
PART C - Industry/Skill
Level Rates
Table 1 -Weekly Rates ¾ Skill Level A
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level A.
The first full pay period on or after 24 October 2000.
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
138.00 (50%)
161.00 (33%)
|
171.00 (33%)
193.00 (25%)
|
235.00
|
|
Plus 1 year out of school
|
193.00
|
235.00
|
274.00
|
|
Plus 2 years
|
235.00
|
274.00
|
319.00
|
|
Plus 3 years
|
274.00
|
319.00
|
364.00
|
|
Plus 4 years
|
319.00
|
364.00
|
|
|
Plus 5 years or more
|
364.00
|
|
|
The first full pay period on or after 24 October 2001.
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
142.00 (50%)
165.00 (33%)
|
176.00 (33%)
198.00 (25%)
|
241.00
|
|
Plus 1 year out of School
|
198.00
|
241.00
|
281.00
|
|
Plus 2 years
|
241.00
|
281.00
|
327.00
|
|
Plus 3 years
|
281.00
|
327.00
|
374.00
|
|
Plus 4 years
|
327.00
|
374.00
|
|
|
Plus 5 years or more
|
374.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the about rates is 20 per cent.
Table 2 - Weekly Rates ¾ Skill Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Industry/Skill
Level B.
The first full pay period on or after 24 October 2000.
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
138.00 (50%)
161.00 (33%)
|
171.00 (33%)
193.00 (25%)
|
225.00
|
|
Plus 1 year out of school
|
193.00
|
225.00
|
259.00
|
|
Plus 2 years
|
225.00
|
259.00
|
304.00
|
|
Plus 3 years
|
259.00
|
304.00
|
346.00
|
|
Plus 4 years
|
304.00
|
346.00
|
|
|
Plus 5 years or more
|
346.00
|
|
|
The First full pay period on or after 24 October 2001.
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
142.00 (50%)
165.00 (33%)
|
176.00 (33%)
198.00 (25%)
|
231.00
|
|
Plus 1 year out of school
|
198.00
|
231.00
|
266.00
|
|
Plus 2 years
|
231.00
|
266.00
|
312.00
|
|
Plus 3 years
|
266.00
|
312.00
|
356.00
|
|
Plus 4 years
|
312.00
|
356.00
|
|
|
Plus 5 years or more
|
356.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 3 - Weekly Rates ¾ Industry/Skill Level C
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
Industry/Skill Level C.
The first full pay period on or after 24 October 2000.
|
|
Highest Year of Schooling Completed
|
|
School Leaver
|
138.00 (50%)
161.00 (33%)
|
171.00 (33%)
193.00 (25%)
|
214.00
|
|
Plus 1 year out of school
|
193.00
|
214.00
|
240.00
|
|
Plus 2 years
|
214.00
|
240.00
|
269.00
|
|
Plus 3 years
|
240.00
|
269.00
|
301.00
|
|
Plus 4 years
|
269.00
|
301.00
|
|
|
Plus 5 years or more
|
301.00
|
|
|
The first full pay period on or after 24 October 2001.
|
|
Highest Year of Schooling Completed
|
|
School Leaver
|
142.00 (50%)
165.00 (33%)
|
176.00
198.00
|
221.00
|
|
Plus 1 year out of school
|
198.00
|
221.00
|
248.00
|
|
Plus 2 years
|
221.00
|
248.00
|
278.00
|
|
Plus 3 years
|
248.00
|
278.00
|
311.00
|
|
Plus 4 years
|
278.00
|
311.00
|
|
|
Plus 5 years or more
|
311.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 4 - Weekly Rates ¾ School Based Traineeships
The first full pay period on or after 24 October 2000.
|
|
Year of Schooling
|
|
|
Year 10 & 11
$
|
Year 12
$
|
|
School based traineeships skill levels A, B, and C
|
176.00
|
193.00
|
The full pay period on or after 24 October 2001.
|
|
Year of Schooling
|
|
|
Year 10 & 11
$
|
Year 12
$
|
|
School based traineeships skill levels A, B, and C
|
181.00
|
198.00
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Appendix A ¾ Industry/Skill Levels
Industry/Skill Level A ¾
Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B ¾
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level C¾
Community Services and Health
Pastoral
Environmental
Wholesale and Retail ¾ Vehicle Repair Services
and Retail Sector
E. A. R. BISHOP,
Commissioner.
Sugar Field
Workers (State) Industrial Committee
Industries and Callings
All employees who are employed in rural industries within
the meaning of Section 5 of the Industrial Relations Act 1991 -
1. upon farms or
agricultural or pastoral holdings in connection with the sowing, raising and
harvesting of sugar cane; or
2. at clearing,
fencing, trenching, draining or otherwise preparing land for any of the
abovementioned purposes;
within the State.
____________________
Printed by the authority of the Industrial Registrar.