COTTON GROWING EMPLOYEES
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No IRC 2586 of 1999)
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Before Mr Deputy President Grayson
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17 and 20 November
2000
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REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Hours
2. Rates of Pay
3. Enterprise Arrangements
4. Consultative Mechanism
5. Casual Employees
6. Overtime
7. Sundays and Holidays Payment
. 8. Saturday Work
9. Holidays
10. Annual
Leave
11. Annual
Holiday Loading
12. Long
Service Leave
13. Sick Leave
14. Personal/Carer’s
Leave
15. Contract
of Employment
16. Corrective
Guidance and Disciplinary Procedure
17. Meal Hours
18. Anti-Discrimination
and Harassment
19. Redundancy
20. Payment of
Wages
21. First-aid
22. Accommodation
and Keep
23. Protective
Clothing
24. Mixed
Functions
25. Bereavement
Leave
26. Jury
Service
27. Superannuation
28. Dispute
Procedure
29. Introduction
of New Technology
30. Training
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 ¾ Rates of Pay
Table 2 ¾ Other Rates and Allowances
PART A
1. Hours
(1) Day workers -
(a) Subject to
paragraph (e) hereof, the ordinary hours of day work shall not exceed 38 per
week and such hours may be worked in five or five and one-half days in each
week.
(b) Where such
hours are worked in five days, they shall be worked Monday to Friday between
the hours of 6.00 a.m. and 8.00 p.m.
(c) Where such
hours are worked in five and one-half days, Monday to Saturday, they shall be
worked between the hours of 6.00 a.m. and 8.00 p.m., Monday to Friday,
inclusive, and between the hours of 6.00 a.m. and 12 noon on Saturday.
(d) Paragraph (d)
of subclause (1) of clause 2, Rates of Pay, shall not apply to day work.
(e) The ordinary
hours of work shall be worked on either one of the following bases, the choice
of which shall be at the employer's discretion:
(i) Where such
hours are worked in five days, they shall not exceed seven hours, 36 minutes
continuous per day.
(ii) Where such
hours are worked in five and one-half days, they shall not exceed six hours, 48
minutes continuous each day, Monday to Friday, inclusive, and four hours on
Saturday.
(iii) Where such
hours are worked in five days, they shall not exceed eight hours continuous per
day, provided 24 minutes thereof ("accrued time") accrues towards a
rostered day off within the meaning of paragraphs (a), (b) and (c) of subclause
(3) hereof.
(iv) Where such
hours are worked in five and one-half days, they shall not exceed seven hours,
12 minutes continuous on each day, Monday to Friday inclusive, and four hours
continuous on Saturday, provided 20 minutes ("accrued time") of
ordinary time worked on each day accrues toward a rostered day off within the
meaning of paragraphs (a), (b) and (c) of subclause (3) hereof.
(f) All work done
in excess of the ordinary hours of work as defined in subparagraphs (i), (ii),
(iii), or (iv) of paragraph (e) shall be overtime and paid at overtime rates.
(2) Night Work -
(a) Subject to
paragraph (d) hereof, the ordinary hours of night work shall not exceed 38 per
week, to be worked in five nights Monday to Friday inclusive, such hours to be
worked between the hours of 6.00 p.m. and 8.00 a.m.
(b) Night workers
shall be allowed a meal break of at least 20 minutes, which shall be counted as
time worked.
(c) No night work
shall be worked on Saturday or a Sunday night except at overtime rates.
(d) The ordinary
hours of night work shall be worked on either of the following basis:
(1) seven hours,
36 minutes continuous per night; or
(2) eight hours
continuous per night, provided 24 minutes thereof ("accrued time")
accrues toward a rostered day off within the meaning of paragraphs (a), (b) and
(c) of subclause (3) hereof.
(e) All time
worked in excess of the ordinary hours of work as defined in paragraph (b)
hereof shall be overtime and paid at overtime rates.
(3) Rostered
Days Off -
(a) A rostered day
off is a day off work paid at ordinary-time rates as if worked.
(b) Any employee
entitled to a rostered day off shall be paid the equivalent of seven hours, 36
minutes at the ordinary-time rates applicable to that employee's classification
or at the average of the ordinary-time rate paid to that employee calculated
for seven hours, 36 minutes worked over the last five working days worked by
that employee before the rostered day off is in fact taken by that employee,
whichever is the greater.
(c) Subject to
subclauses (4) and (5) hereof, where an employee accrues accrued time totalling
seven hours, 36 minutes that employee becomes entitled to a rostered day off.
(d) An employer
may require that -
(i) a rostered
day off shall be taken by an employee on any day, Monday to Friday inclusive,
within the week next following the accrual of that employee's entitlement to a
rostered day off; or
(ii) rostered days
off shall be accumulated so as to be taken off on consecutive days, Monday to
Friday inclusive, but not so as to exceed the accumulation of six consecutive
rostered days off.
(e) An employer
shall not require an employee to work on a rostered day off unless:
(i) the employer
gives the employee entitled to the rostered day off seven clear days' notice
and provides that employee with an alternative date within the next 20 working
days upon which that employee shall take the rostered day off or otherwise
entitles that employee to accumulate the said rostered day off within the
meaning of subparagraph (ii) of paragraph (d) hereof;
(ii) in the event
that the employer neglects or is unable to give seven clear days' notice, then
the employer shall pay the employee at overtime rates for all time worked on
the rostered day off and further shall provide that employee with an
alternative day within the next 20 working days upon which that employee shall
take the rostered day off or otherwise entitle, at the option of the employee,
that employee to accumulate the said rostered day off within the meaning of
subparagraph (ii) of paragraph (d) hereof.
(f) An employer
shall not require an employee to take a rostered day off on a Saturday or a
Sunday or on a public holiday as prescribed by clause 9, Holidays.
(g) Each day of
paid leave taken and any public holiday occurring during the currency of work
performed pursuant to either of subparagraph (iii) or (iv) of paragraph (e) of
subclause (1) or subparagraph (ii) of paragraph (d) of subclause (2) hereof
shall be regarded as a day worked for accrual purposes.
(h) Any employee
who, in the case of termination of employment, has accrued time, which accrued
time would otherwise entitle that employee to a rostered day off or rostered
paid (in accordance with the provisions of paragraph (b) hereof) for all
rostered days off due to that employee at the date of termination (but not taken
by that employee) and in this regard, that employee shall additionally be
entitled to payment for pro rata accrued time, if any.
(4) Implementation
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(a) The employer
shall implement the 38-hour week in accordance with subclause (5) of this
clause and, where the employer has implemented the 38-hour week in the case of
day work pursuant to the provisions of either subparagraphs (i) or (ii) of
paragraph (e) of subclause (1) or subparagraphs (iii) or (iv)of paragraph (e)
of subclause (1) and, in the case of night work, in accordance with the
provisions of either subparagraph (i) of paragraph (d) of subclause (2) or
subparagraph (ii) of paragraph (d) of subclause (2) hereof, the employer may,
with not less than two weeks' notice direct that the alternative method of
implementation available in the case of day work and night work respectively be
commenced.
(b) Provided that
there is agreement between the employer and the majority of employees directly
affected, the change referred to in paragraph (a) hereof may be effected in the
case of day work or night work respectively within not less than five days of
the agreement being reached.
(c) All benefits
and entitlements accruing to an employee shall continue and be preserved and
shall not be lost by virtue of a change of implementation pursuant to
paragraphs (a) and (b) hereof.
(d) This clause
shall commence and have effect from and no later than the first pay period on
or after 1 August 1989.
2. Rates of Pay
(1)
(a) For work done
during ordinary hours, an adult employee shall receive a base rate of pay
assigned to the particular classification as set out in Table 1 - Rates of Pay,
of Part B, Monetary Rates.
NOTATION: A Rural Tradesperson shall mean a person who
has been employed for a period of not less than three years on an establishment
coming within the definition of Rural Industries in section 5(a) of the Industrial
Relations Act 1991 and has completed the Rural Trades Course at TAFE or
similar course or courses approved by the Rural Apprenticeship Training
Committee upon application.
An employee's total rate of pay is inclusive of the
base rate of pay and supplementary payment as set out in the said Table 1 and
any applicable allowance as set out in Table 2, Other Rates and Allowances, of Part B, Monetary Rates. The base rate and supplementary payment set
out in Table 1 shall be on the basis of the following relativity:
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Percentage of Tradesperson Base Rate
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Rural Tradesperson
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100
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Mechanical Equipment Operator
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94
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Field Equipment Operator
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88.7
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General Farm Hand
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82
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Stick Pickers and Chippers
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78
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(b) Junior
employees -
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Percentage of Total
Rate of Pay for General Farm hands:
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At 16 years of age
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75
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At 17 years of age
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85
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When juniors attain the age of 18 years, they shall be paid
the appropriate adult rate of pay.
(c) Stick pickers
and chippers shall mean persons employed on stick picking and chipping, and
such persons may be engaged by the hour and shall be paid the amount as set out
in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
for such work in ordinary time.
(d) Cooks may be
engaged on a weekly or contract basis, but the minimum rates to be paid to
employees for acting as cooks in connection with cotton operations shall be as
set out in Item 2 of Table 2, with keep seven days per week. Cooks shall be
supplied with all utensils and equipment required in the preparation and
cooking of food, prepared to the standard of clause 22, Accommodation and
Keep. Clause 1, Hours, shall not apply
to cooks.
(e) Leading hands appointed
as such shall be paid the amount as set out in Item 3 of Table 2, over and
above the highest classification under his/her charge, such amount to be paid
for all purposes of the award.
(f) Night work
allowance - Where night work is carried out, a night work allowance comprising
a loading of 15 per cent shall apply for the eight ordinary hours thereof and
any hours in excess of eight shall attract overtime rates but no such
allowance.
(2) Where the
employee has completed 15 months in the industry at the election of the
employee and with the agreement of the employer, the following calculation of
average weekly wage shall apply in lieu of subclause (1) above:
(a) An amount
equal to the weekly wage plus anticipated overtime to be worked by the employee
during a fixed employment period shall be paid. The amount to be paid as an estimated average weekly wage shall,
in the event that it is less than 96 per cent of the wage that the employee
would have received had he/she been employed under the award provision other
than this subclause, on the written request of the employee, be topped up so
that the employer pays to the employee an amount equal to the difference
between 96 per cent of the amount the employee would have received during the
fixed employment period had the employee been employed under the award
provision other than this subclause and the amount actually paid to the
employee during the fixed employment period.
(b) Provided
further that all entitlements in relation to leave are paid at either the
average weekly wage rate or the award provisions other than this subclause,
whichever is the greater.
(3) 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.
3. Enterprise
Arrangements
An enterprise arrangement shall be processed in accordance
with the Enterprise Arrangement principle of the State Wage Case of 2000, as
varied by subsequent State Wage Case decisions.
4. Consultative
Mechanism
Enterprises covered by this award shall establish between
the employer and employees and/or the union consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
5. Casual Employees
(1) A casual
employee is engaged on an hourly basis and paid as such.
(2) A casual
employee shall be paid for each ordinary hour worked at one thirty-eighth of
the weekly wage prescribed by clause 2, Rates of Pay, plus 15 per cent of that
amount.
(3) Casual work
may, by mutual agreement, be paid for on the employer's normal pay day or on
completion of each engagement and casual employees shall be paid during
ordinary working hours.
(4) The
provisions of the following clauses in this award shall not apply to casual
employees: paragraph (d) of subclause (1) of clause 2, Rates of Pay, clauses 9,
Holidays, 13, Sick Leave, 15, Contract of Employment, 20, Payment of Wages, 25,
Bereavement Leave and 26, Jury Service.
(5) A casual
employee shall not be employed as such for a period in excess of 16 weeks in
any one calendar year or for the duration of a seasonal activity for which that
employee is employed, whichever is the greater. Except as provided for in this
subclause, no person shall be employed in such a manner as to have the effect
of such an employee being engaged as a casual for a period of more than 16
weeks in a 52-week span, such span being calculated from the first day of
engagement of the employee by the employer.
(6) A person
hired for the purpose of replacing a full-time employee who is absent on long
service leave may be engaged as a casual for the duration of the leave.
(7) For the
purpose of this clause, seasonal activity means for the duration of a seasonal
activity being planting, harvesting and irrigation.
(8) In the case
of a penalty rate and loading applying, the casual employee shall only receive
the penalty rate and not the loading.
Further, in the case of more than one loading applying, a casual
employee shall receive only one loading and where loadings are at a different
rate, casual employees shall receive the loading at the greater rate.
6. Overtime
(1) Subject to
clause 7, Sundays and Holidays Payment, all time worked in excess of or outside
the ordinary hours and times prescribed by clause 1, Hours, for day workers or
night workers respectively, shall be deemed overtime and shall be paid for at
the rate of time and one-half for the first two hours and double time
thereafter.
(2) Each day's
work or night's work shall stand alone in computing overtime.
(3) When
overtime work is necessary, it shall be arranged so that employees have at
least ten consecutive hours off duty between work on successive days or
nights. An employee who works so much
overtime between the termination of ordinary work on one day and the
commencement of his/her ordinary work on the next day that he/she has not had
at least ten consecutive hours off duty between those times shall, subject to
this subclause, be released after completion of such overtime until he/she has
had ten consecutive hours off duty, without loss of pay, for ordinary working
time occurring during such absence. If, on the instructions of the employer,
such an employee resumes or continues working without having had such ten
consecutive hours off duty, he/she shall be paid at the rate of double time
until he/she is released from duty for such period and he/she then shall be
entitled to be absent until he/she has had ten consecutive hours off duty
without loss of pay, for ordinary working time occurring during such absence.
(4) This clause
shall not apply to cooks.
(5) An employee
recalled to work overtime after having left the premises of the employer shall
be paid a minimum of four hours at overtime rates, unless the employee lives
within 16km of the workplace, in which case the minimum payment will be for two
hours at overtime rates.
(6) An employer
may require any employee to work reasonable overtime.
(7) Despite
clause 1, Hours, and subclause (1) of this clause, no employee shall be
entitled to payment at overtime rates until he/she has performed 38 actual
hours of engagement in any one week and, for the purpose of this clause, an
employee shall not have been engaged in the event that an employee has not
worked due to illness, accident or inclement weather or other factors over
which the employer has no control.
Provided that the employee shall be deemed to be engaged while he/she is
in fact not engaged because of injuries arising out of or in the course of
employment within the meaning of the Workers' Compensation Act 1987, and the
Workplace Injury Management and Workers Compensation Act 1998. Provided further that no employee shall be
required to work in excess of 12 hours in any one engagement without being paid
overtime at the rate of double time for those hours worked in excess of 12
hours.
(8) At the
absolute election of the employee and with the agreement of the employer, time
off work may be substituted for the payment of time worked at overtime rates
such that one hour's overtime worked shall entitle the employee to one hour of
time off work.
7. Sundays and
Holidays Payment
(1) All work
performed on Sunday shall be paid for at the rate of double time, with a
minimum payment of four hours.
(2) All work
performed on any of the holidays prescribed by clause 9, Holidays, shall be
paid for at the rate of double time and one- half, with a minimum payment of
four hours.
(3) This clause
shall not apply to cooks, provided that cooks shall receive a payment of
one-seventh of their weekly rate for any work performed on any of the holidays
prescribed by the said clause 10, in addition to their weekly wages.
8. Saturday Work
All ordinary time worked on a Saturday shall be paid for at
time and one-half the ordinary rates of pay.
9. Holidays
(1) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day
are observed, together with other days proclaimed as public holidays throughout
the State, shall be holidays which shall be paid for although not worked.
(2) An employee
who fails to attend for work on the working day before or the working day after
a public holiday, without reasonable excuse or without the consent of the
employer, shall not be entitled to payment for such holiday.
(3) This clause
shall not apply to stick pickers and chippers.
10. Annual Leave
See Annual Holidays Act 1944.
11. Annual Holiday
Loading
(1) In this
clause, the Annual Holidays Act 1944 is referred to as "the
Act".
(2) 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 his/her 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 (7) of this clause).
(3) 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.
(4) The loading
is to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award (but
excluding days added to compensate for public or special holidays worked or
public or special holidays falling on an employee's rostered day off not
worked) and which commences on or after 20 March 1974 or, where a holiday is
given and taken in separate periods, then in relation to each such separate
period. (NOTE: See subclause (7) of
this clause as to holidays taken wholly or partly in advance.)
(5) The loading
is the amount payable for the period or the separate period, as the case may
be, stated in subclause (v) of this clause, at the rate per week of 17 1/2 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 his/her annual holiday, together with the leading hand
allowance where applicable.
(6) No loading
is payable to an employee who takes an annual holiday wholly or partly in
advance; provided that, if the employment of such an employee continues until
the day when he/she 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 (6) of this
clause, applying the award rates of wages payable on that day.
This subclause applies when an annual holiday has been
taken wholly or partly in advance.
(7) 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 (6) 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
him/her under the Act, such proportion of the loading that would have been
payable to him/her under this clause if he/she had become entitled to an annual
holiday prior to the closedown as his/her qualifying period of employment in
completed weeks bears to 52.
(8)
(a) When the
employment of an employee is terminated by the 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 the annual holiday to which he/she became
entitled he/she shall be paid a loading
calculated in accordance with subclause (6) 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.
(9) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he/she had not been on holidays; provided
that, if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) when the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
12. Long Service
Leave
See Long Service Leave Act 1955.
13. Sick Leave
(1) An employee
after three months' continuous service who is unable to attend for duty during
his/her ordinary working hours by reason of personal illness or personal
incapacity, shall be entitled to be paid for not more than 38 hours' sick leave
for the first year of employment and in the second and subsequent years shall
be entitled to be paid for not more than 60.8 hours of sick leave for each year
of employment.
(2) The rights
under this clause shall accumulate from year to year so long as employment
continues with the employer under this award so that any part of the
entitlement which has not been allowed in any year may be claimed by the
employee and shall be allowed by the employer, subject to the conditions
prescribed by this clause, in a subsequent year of continued employment.
(3) Upon
request, an employee shall prove by the production of a medical certificate or
other satisfactory evidence to the employer that the employee was unable on
account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed.
(4) This clause
shall not apply to stick pickers and chippers.
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) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of subclause (viii) of
clause 6, Overtime, the following provisions shall apply.
(b) 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.
(c) 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.
(d) 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.
(e) 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. Contract of
Employment
(1) After the
first four weeks' service, employment (for all employees other than casual
employees) shall be full time, and shall be terminated by one week's notice on
either side or by the payment or forfeiture of one week's wages in lieu of
notice.
(2) Nothing in
this clause shall affect the right of the employer to dismiss, without notice,
any employee for inefficiency, misconduct or for neglect of duty.
(3) Subclause
(1) of this clause shall not apply to stick pickers or chippers.
16. Corrective
Guidance and Disciplinary Procedure
(1) Preamble -
(a) It is an
accepted part of any employer/employee relationship that prescribed standards
of behaviour should be observed. When these standards are breached, it is
necessary, at times, to undertake formal corrective guidance and disciplinary
action.
(b) This action is
not generally intended as a means of punishment but rather a positive attempt
by all parties to encourage and improve good work practices, performance and
individual conduct.
(c) Inherent in
any such procedure are several basic principles which cover the
responsibilities of the employer and employee, the role of the union delegate
and, most importantly, the responsibility of all concerned to ensure the
procedure is applied in a fair, consistent manner. In other words, to ensure
all employees are treated equally without exception.
(d) The procedure
which follows covers these responsibilities as well as describing the various
steps within the process.
(2) Responsibilities
and rights of the employee - All employees are expected to abide by the terms
of their contract of employment, particularly in regard to work performance and
individual conduct. However, when employees are not working in a correct manner
or fail to adhere to normal standards of behaviour, remedial action needs to be
taken to assist the employee in rectifying any misunderstanding or apparent
shortcomings. When this is necessary, an employee has certain intrinsic rights
which should be observed at all times. These can best be summarised as:
being made aware of the full facts;
delegate representation (if required);
given the opportunity to offer an explanation;
not have any discipline action predetermined;
where necessary, to have mitigating circumstances and
employment record taken into account;
to have the matter documented;
representation of any grievance arising from a
discipline matter within the provisions of the grievance procedure;
statute of limitations on misconduct in accordance with
guidelines issued to supervisors on levels of misconduct.
(3) Rights and
responsibilities of the company -
(a) The company,
through the supervisor and/or manager, has the responsibility of ensuring
employees observe the conditions of their employment contract.
(b) Whenever an
employee is in breach of these conditions, the supervisor and/or manager has a
responsibility to inform the employee of his/her shortcoming and to motivate
him/her to change his/her behaviour. Where this does not have the desired
effect, the processes of the Corrective Guidance and Disciplinary Procedure
should be applied.
(c) When this is
necessary, the supervisor and/or manager is bound by certain responsibilities.
These are:
to undertake all disciplinary action in a timely and
fair manner;
to ensure all employees rights are observed in
accordance with subclause (ii) of this clause;
to treat each case individually and on its merits;
to ensure all matters are properly documented.
17. Meal Hours
(1) No person
shall work for more than five hours without a suitable interval for a meal
which shall be of at least 30 minutes duration, but such working hours may be
extended to six hours without a meal break with the consent of the employee.
(2) A morning
and afternoon tea paid rest break of ten minutes shall be allowed to each
employee but the majority of employees, the union and the employer may agree
that the morning and afternoon tea breaks be consolidated with each other or,
alternatively, each or both of the morning and afternoon tea breaks can be
consolidated with the meal break referred to in subclause (1) of this clause.
(3) Where an
employee is required to work overtime for more than one hour after ordinary
ceasing time and where the employee is not notified the day before, shall be
paid an amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, for the first meal and the same amount for any
subsequent meal.
18.
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 (NSW) 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 (NSW) 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.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... 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."
19. Redundancy
(1) Application -
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) 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.
(d) 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.
(2) Introduction
of Change -
(a) Employer s
duty to notify -
(i) 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.
(ii) "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 the award makes provision for alteration of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
(b) Employer's
duty to discuss change -
(i) 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 paragraph (a) of
this subclause, 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.
(ii) 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 paragraph (a) of
this subclause.
(iii) 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.
(3) Redundancy -
(a) Discussions
before terminations -
(i) 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 (2)
(a) (i) 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.
(ii) 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 reasons 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.
(iii) For the
purposes 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, and the number of workers 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.
(4) Termination of
Employment -
(a) Notice for
Changes in Production, Program, Organisation or Structure - This subclause sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from "production", "program",
"organisation" or "structure" in accordance with
subparagraph (2) (a) (i) of this clause.
(i) 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
|
(ii) 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.
(iii) 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.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (2) (a) (i) above:
(i) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(ii) 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.
(iii) 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.
(c) Time off
during the notice period -
(i) 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.
(ii) 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.
(d) 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 clause
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.
(e) 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.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify the Centrelink 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.
(g) Department of
Social Security 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 the Department of Social Security.
(h) Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (2) (a) above, 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 rate for the number of weeks of notice still owing.
(5) Severance Pay
-
(a) Where the
employment of an employee is to be terminated pursuant to subclause (4) above,
subject to further order of the Industrial Relations Commission, the employer
shall pay the following severance pay in respect of a continuous period of
service:
(i) 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
|
(ii) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 Years of Age
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
|
(iii) "Week's
pay" means the all-purpose rate of pay 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 provided for in the relevant
award.
(b) 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) above. The Industrial Relations 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) above will have on the employer.
(c) Alternative
Employment - 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) above if the
employer obtains acceptable alternative employment for an employee.
(d) Savings Clause
- Nothing in this award 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 union and any employer bound by this award.
20. Payment of Wages
(1) Wages shall
be paid weekly in the employer's time.
(2) One day of
each pay period shall be recognised as pay day.
(3) Any employee
required to wait after his/her normal ceasing time to receive his/her wage
shall be paid at ordinary rates for all the time he/she is kept waiting to be
paid.
(4) At the
option of the employer, the method of payment shall be by cash, electronic
funds transfer or cheque drawn on an account with a local bank.
(5) Subject to
agreement between the majority of employees and the employer, fortnightly pay
periods may be introduced.
21. First-Aid
Where an employee is required by his/her employer to act as
a first-aid attendant, he/she shall be paid an amount per day or shift as set
out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, in addition to his/her ordinary rates.
22. Accommodation and
Keep
(1) See Rural
Workers' Accommodation Act 1926.
(2) Where keep is
provided:
(a) such keep
shall be of good quality and of sufficient quantity and shall be well prepared,
well cooked and properly served;
(b) the amount to
be charged for keep shall be agreed to by the employer and the employee. The employer may deduct from the wages due
to the employee the charges referred to in this subclause;
(c) the employer
shall provide at least three meals a day.
23. Protective
Clothing
(1) Upon
request, rubber boots and other suitable protective clothing as considered
reasonable shall be supplied to employees.
(2) Such
protective clothing shall remain the property of the employer and shall be produced,
when required, by the employee for inspection by the employer.
(3) Loss due to
any cause arising out of the neglect or misuse by the employee shall be a
charge against the wages of the employee.
A deduction at a reasonable rate may be made by the employer from the
wages of the employee, provided that no such deduction shall be made for
reasonable wear and tear.
24. Mixed Functions
An employee who is required to perform work for four hours
or more in any one day for which a higher rate is paid, shall receive such
higher rate for the whole day, and if required, work for less than four hours
he or she shall be paid such higher rates for the actual time so worked. An
employee who is required to perform work for which a lower rate is paid shall not
have his or her rate reduced.
25. Bereavement Leave
(1) An employee,
other than a casual employee, shall be entitled to two days bereavement leave
without deduction of pay, up to and including the day of the funeral, on each
occasion of the death of a person within Australia as prescribed in subclause
(3) of this clause.
(2) 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.
(3) 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 purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(4) 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.
(5) Bereavement
leave may be taken in conjunction with 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 consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
26. Jury Service
All full-time employees on required to attend for jury
service during ordinary working hours shall be reimbursed by the employer an
amount equal to the difference between the amount paid in respect of attendance
for such jury service and the amount of wage he/she would have received in
respect of the ordinary time he/she would have worked had he/she not been on
jury service.
An employee shall notify the employer as soon as practicable
of and in any event before the date upon which he/she is required to attend for
jury service, and shall provide the employer with proof of attendance, the
duration of such attendance and the amount received in respect thereof.
27. 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 Farm Superannuation Plan (AFSP).
An alternative superannuation scheme that conforms with
relevant legislation,
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.
(v) First-aid
Allowance prescribed in clause 21.
Ordinary time earnings does not include bonuses, commission,
payment for overtime or other extraordinary payment, remuneration or allowance.
28. Dispute Procedure
In the case of a dispute, the following procedure shall
apply -
(1) The delegate
and co-delegate shall confer with the most immediate line management
representative in an attempt to reach a settlement.
(2) In the event
of failure to resolve the dispute, the matter must be referred to senior
management. This action will take place within one normal working day from the
time that discussions are concluded as in subclause (1). The parties will then
attempt to reach a settlement.
(3) In the event of
failure to resolve the dispute, the delegate and co-delegate, together with
their union organiser, shall confer with senior management as in subclause (2)
of this clause and attempt to reach a settlement.
(4) In the event
of failure to resolve the dispute, the dispute may be referred to the New South
Wales Industrial Relations Commission for attempted resolution in accordance
with the Industrial Relations Act 1996.
(5) Provided that,
while the dispute procedure is being observed, no stoppage of work will occur.
29. Introduction of
New Technology
The union agrees to co-operate with the employer in
minimising any problems related to the introduction of new technology and is
committed to the improvement in the efficiency of the industry by technological
changes.
30. Training
The union agrees to co-operate with the company in any
training necessary to utilise equipment systems or other technological changes
which will enhance the efficiency of the industry.
31. Area, Incidence
and Duration
This award is made pursuant to section 19 of the Industrial
Relations Act 1996. It rescinds and
replaces the Cotton Growing Employees (State) Award published 27 October 1995
(288 I.G. 947), and all variations thereof, and the Cotton Industry
Superannuation (State) Award published 29 November 1991 (266 I.G. 309) and all
variations thereof. It shall apply to
all employees specified herein engaged in the cotton growing industry within
the jurisdiction of the Agricultural Employees (State) Industrial Committee.
The award shall operate from 17 November 2000 and remain in
force for a period of 12 months.
J. P. GRAYSON D.P.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Classification
|
Former
Weekly rate
$
|
State Wage
Case 2000
$
|
Total Weekly Rate
$
|
|
Rural Tradesperson
|
477.20
|
15.00
|
492.20
|
|
Mechanical Equip. Operator
Lister Operator, Service Truck
Operator, Laser Operator,
Scraper Operator, Excavator
Operator, Blade Operator,
Backhoe Operator, Mobile Crane
Operator, Crane Driver,
Storeperson Grade 1, Picker
Mechanic, Grader Operator
|
452.20
|
15.00
|
467.20
|
|
Field Equipment Operator -
Who shall include but not be
limited to
Module Builder
Tractor Operator, Truck
Driver, Syphon Forklift
Operator, Picker Operator,
Storeperson Grade 2, Front-end
Loader Operator, Rotobuck
Operator, Spray Operator, Gas-
rig Sled Operator, Farm
Welder, Bug Checker, Neutron
Probe Operator, Irrigation
Machinery Operator, Roller
Operator
|
430.10
|
15.00
|
445.10
|
|
Stick Pickers and Chippers
*Not engaged on a weekly
basis. Refer Item 1 of Table 2 of Part B.
|
385.40
|
15.00
|
400.40
|
|
General Farm Hand includes
but not limited to Irrigation Harvest Ground Crew.
|
402.10
|
15.00
|
417.10
|
Table 2 - Other Rates and Allowances
|
Item No
|
Clause No
|
Brief Description
|
Amount
$
|
|
1
|
2(1)(a)(c)
|
Stick Pickers and Chippers
Stick Pickers and Chippers engaged by the hour (including
1/12 holiday leave loading)
|
11.95
12.95
|
|
2
|
2(1)(a)(d)
|
Cooks - minimum rate per week, including SWC 1998
|
515.15
|
|
3
|
2(1)(a)(e)
|
Leading Hands per week
|
18.95
|
|
4
|
17(3)
|
Meal Allowance
|
7.70
|
|
5
|
21
|
First-aid Allowance
|
1.70 per day or shift
|
Agricultural
Employees (State) Industrial Committee
Industries and
Callings
All employees who are employed in rural industries within
the meaning of section 5(4)(a) of the Industrial Relations Act 1991:
upon farms or agricultural holdings -
in connection with -
the sowing, raising, harvesting or treating of grain,
fodder, or other farm produce;
the management, rearing, or grazing of horses, cattle,
sheep or other livestock; or
at other farm work or station work of every
description; or
at clearing, fencing, trenching, draining or otherwise
preparing land for any of the abovementioned purposes;
within the State;
excepting sheep-shearing machinery experts and woolclassers;
and excepting also persons within the jurisdiction of the
Dairying Employees (State), the Pastoral Employees (State), the Poultry Farm
Employees (State), the Pig Farm Employees (State) and the Potato Growers
(State) Industrial Committees.
____________________
Printed by the authority of the Industrial Registrar.