POULTRY FARM EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC1957 of 1999)
|
Before Commissioner
McKenna
|
15 December 2000
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Meal
Times
4. Wages
5. Anti-Discrimination
and Harassment
6. Safety
Net Commitments
7. Saturday
and Sunday Work
8. Overtime
9. Holidays
10. Extra
Rates Not Cumulative
11. Contract
of Employment
12. Annual
Leave
13. Annual
Leave Loading
14. Long
Service Leave
15. Sick Leave
16. Personal/Carer's
Leave
17. Payment of
Wages
18. Mechanical
Recording Devices
19. First-aid
20. Protective
Clothing
21. Mixed
Functions
22. Rest
Period
23. Superannuation
24. Redundancy
25. Bereavement
Leave
26. Accommodation
27. Parental
Leave
28. Jury
Service
29. Right of
Entry
30. Dispute
Procedure
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Definitions
For the purpose of this award:
(i) "Union"
means The Australian Workers' Union, New South Wales.
(ii) "Full-time
employee" means a permanent employee who is engaged to work an average of
38 hours in accordance with this award.
(iii) "Casual
hand" means an employee engaged and paid as such.
(iv) "Part-time
employee" shall mean an employee employed as such and who is required to
work less than the ordinary weekly hours provided for in this award but does
not include casual work. A part-time
employee shall receive all the benefits of the award in the ratio of the hours
as fixed as they bear to 38 hours.
(v) "Early
morning shift" means work commencing after 2.00 a.m. and before 6.00 a.m.
(vi) "Night
pick-up shift" means work commencing between 6.00 p.m. and not later than
midnight.
(vii) "Stock
hand" means an employee, other than a hatchery employee, or an employee
engaged in pick-up work who, for a period of six months, has been and is
substantially engaged in handling livestock.
(viii) "Afternoon
shift" means a continuous shift of either eight or ten hours finishing not
later than midnight.
(ix) "Night
shift" means a continuous shift of either eight or ten hours finishing not
later than 8.00 a.m.
(x) A "Rural
Tradesperson" shall mean a person who has been employed for a period of
not less than three years in a rural industry, and has completed the Rural
Trades Course at TAFE or similar course or courses approved by the Rural Apprenticeship
Training Committee upon application.
(xi) "Rural
Industry" applies to all work performed:
(a) on farms, in
orchards or vineyards, or on agricultural or pastoral holdings in connection
with dairying, poultry, farming or bee keeping, or in the sowing, raising,
harvesting or treating of grain, fodder, fruit or other farm produce, or in the
management, rearing or grazing of horses, cattle sheep or other livestock, or
the shearing or crutching of sheep, or the classing, scouring sorting or pressing
of wool, on any farm or station, or at other farm or station work; or
(b) in or in
connection with the formation, tending, protection or regeneration of forests;
or
(c) in flower or
vegetable market gardens or nurseries; or
(d) at clearing,
fencing, draining or otherwise preparing land for any of the purposes referred
to above.
(xii) "Flock
changeover" shall mean the once per annum removal of a flock of birds and
the replacement of that flock with another flock.
(xiii) "Flock
transfer" shall mean the transfer of the same flock of birds from one site
to another site.
2. Hours
(i) The ordinary
hours of work for full-time and part-time employees shall be determined by the
employer to meet the needs of the business, and shall be no more than 38 per week,
to be worked on no more than 5 days in 7, or to be worked in one of the
following cycles:
(a) 38 hours
within a work cycle not exceeding seven consecutive days; or
(b) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(c) 152 hours
within a work cycle not exceeding 28 consecutive days; or
(d) 304 hours
within a work cycle not exceeding 56 consecutive days .
(e) Any other work
cycle during which a weekly average of 38 ordinary hours are worked as may be agreed between the employer and the majority of the employees concerned.
The method of implementation may include an accrual
system of a rostered day off to a pattern determined by the employer with up to
five days accrual.
(ii) Except as to
shift workers, such ordinary hours, exclusive of meal breaks, may be performed
on any day, Monday to Saturday
inclusive, between the hours of 6.00 a.m. and 6.00 p.m.
(iii) Night pick-up
shift - The ordinary hours of work
shall not be more than ten per shift, to be worked between the hours of 6.00
p.m. and 8.00 a.m. Sunday to Friday.
(iv) Early Morning
Shift - The ordinary hours of work of regular part-time employees employed in
the hatchery department may be worked
Monday to Saturday of each week between the hours of 2.00 a.m. and 10.00 a.m.
(v) For the
purpose of subclauses (ii) and (iii) of this clause, ordinary hours shall be
worked continuously, except for meal breaks at the discretion of the employer.
(vi)
(a) The employer
shall post and keep posted on their premises, in a place conveniently
accessible, a roster of ordinary hours of work of all full-time and part-time
employees. An employer shall not alter
the roster of ordinary hours except upon giving seven days' notice of the intention to do so to the employees. Such notice shall be given by posting the
alteration in a place conveniently accessible to employees.
(b) Despite the
provisions of paragraph (a) hereof, the method of working shifts or the commencing and finishing times of employees
may be varied at any time by agreement between the employer and the
employees. In the absence of agreement,
the provisions of paragraph (a) shall apply.
(vii) Flock
changeover/transfer - Subject to the provisions of subclause (i) of this
clause, hours worked by employees in or in connection with flock changeover
and/or flock transfer (provided that
such flock transfers number no more than three per annum), shall be remunerated
at the ordinary rate of pay applicable to ordinary hours worked, on any Monday
to Friday. A maximum of ten ordinary
hours in any 24-hour period may be worked, in connection with this clause. However, an employees who commences work
under this subclause immediately
following or immediately prior to the employees ordinary rostered hours shall
be paid in accordance with clause 8, Overtime.
3. Meal Times
(i) A meal break
of not less than 30 minutes or more than 45 minutes shall be allowed each day
worked, no later than five hours after commencing ordinary hours of work.
(ii) All work
performed on the instructions of the employer during a designated meal break
shall be paid for at the award overtime rate.
Such payment shall continue until the employee is released for a meal
break to be no less than 30 minutes or more than 45 minutes.
4. Wages
(i) Adults - The
minimum rates of pay for adult employees of any classification shall be as set
out in Table 1 - Wages, of Part B, Monetary Rates.
(ii) Juniors - The
minimum rates of wages to be paid to junior employees shall be the following
percentages of the appropriate adult wage from time to time effective,
calculated to the nearest five cents.
Percentage of the appropriate
adult wage rate per week
Under 16 years of age 50
At 16 years of age 60
At 17 years of age 70
At 18 years of age 80
At 19 years of age 90
At 20 years of age Adult Rates
(iii) The minimum
hourly rates for part-time employees on the early morning shift as set out in
subclause (iv) of clause 2, Hours, shall be one-thirty-eighth of the ordinary
weekly rate as prescribed in this clause, plus 12.5 per cent.
(iv) Employees
engaged on night pick-up shift between the hours of 6.00 p.m. and 8.00 a.m.
Sunday to Friday, inclusive, shall be paid the ordinary weekly rate as
prescribed in this clause, plus 12.5 per cent.
(v) Casual
Employees - The minimum hourly rates for casual employees shall be
one-thirty-eighth of the appropriate weekly rate as prescribed in this clause,
plus 15 per cent, with a minimum daily engagement of three hours, or three
hours pay. Provided that where there is
genuine agreement between the employer and an employee who resides within a
four kilometre radius of the shed in question, a minimum daily engagement of
two hours or two hours pay may apply.
(vi) Part-time
Employees - The minimum hourly rates for part-time employees shall be
one-thirty eighth of the appropriate weekly rate as prescribed in this clause.
(vii) Leading Hand -
An employee appointed as a leading hand shall, in addition to the appropriate
rate of pay prescribed by this award, be paid as follows:
(a) In charge of
more than two but not more than eight employees - as set out in Item 1 of Table
2 - Other Rates and Allowances, of Part B, Monetary Rates.
(b) In charge of
nine or more employees - as set out in Item 2 of Table 2.
(viii) Employees
employed on afternoon or night shift shall be paid the ordinary weekly rate as
prescribed in this clause, plus 15 per cent.
(ix) Employees
required to perform cleaning work inside and above incubators shall be paid at
the rate set out in Item 3 of Table 2, in addition to the appropriate rates
whilst employed upon such cleaning work.
5.
Anti-Discrimination and Harassment
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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) Employer’s
and employees may also be subject to Commonwealth Anti-Discrimination
legislation.
(b) Section
54(d) of the Anti Discrimination Act 1977 provides:
"Nothing in the Acts affects.... Any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is unnecessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
6. 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.
7. Saturday and
Sunday Work
(i) All ordinary
hours worked by employees on Saturday shall be paid for at the rate of time and
one quarter. However, all employees engaged by their employer on or prior to
27 March 1998 shall continue to be paid
for ordinary time on Saturday at the rate of time and one half.
(ii) All overtime
performed on a Saturday shall be paid for at the rate of time and one half for
the first two hours and double time thereafter, with a minimum payment of three
hours of such overtime.
(iii) All ordinary
hours worked by employees on Sunday shall be paid for at the rate of time and
one half with a minimum payment of
three hours. However, all employees
engaged by their employer prior to 27
March 1998 shall be paid for ordinary time on Sunday at the rate of double
time. Such time worked, shall not count
towards the requirement of a minimum of three hours paid overtime in relation
to the payment of overtime on Sunday in subclause (iv) of this clause.
(iv) All overtime
performed on a Sunday shall be paid for at the rate of double time, with a
minimum payment of three hours.
8. Overtime
(i) All time
worked in excess of 38 hours in any one week, or in respect of full-time
employees, casual employees and part-time employees employed in the hatchery,
in excess of ten hours in any one day, shall be paid at the rate of time and a half for the first two hours and
double time thereafter.
(ii) An employee
required to work overtime for more than one and a half hours without being
notified on the day before that the
employee will be so required to work shall either be supplied with a meal by
the employer, or be paid at the rate set out in Item 4 of Table 2 - Other Rates
and Allowances, of Part B, Monetary
Rates, and, if required to work in excess of four hours overtime, the employee
shall be supplied with a further meal or be paid a further sum at the rate set
out in Item 4.
Where an employee brings to work a meal due to
notification of overtime on the previous day, and that overtime is cancelled,
the employee shall be paid the allowance in Item 4 Table 2 of Part B.
(iii) Unless the
period of overtime is less than one and a half hours, an employee, before
starting overtime after working ordinary hours shall be allowed a meal break of
20 minutes which shall be paid at ordinary rates. An employer and employee may agree to any variation to this
provision to meet the circumstances of the work in hand; provided that the
employer shall not be required to make any payment in respect of any time
allowed in excess of 20 minutes.
(iv) It shall be a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
(v) For the
purpose of this award in computing overtime, each day's work shall stand alone.
(vi) On each
occasion an employee, other than an employee provided with actual accommodation
on a farm, is recalled to work overtime, the employee shall be paid a minimum
of three hours at the appropriate overtime rate.
9. Holidays
(i) All full-time
and part-time employees shall be entitled to the following public holidays
without loss of pay:
(a) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or such other days as
are generally observed in the locality as a substitute for any of the aforesaid
days, respectively.
(b) Additionally,
any special days proclaimed or gazetted as public holidays throughout the
State.
(c) Providing a
picnic is held, the picnic day of The Australian Workers' Union, New South
Wales, which shall be held on any day (Monday to Friday) in March each year or
any day nominated by the union to be the picnic day for that area.
By agreement between any employer and the employees,
other days may be substituted for the said days or any of them to suit the
employer's undertaking.
(ii) With regard
to union picnic day, an employer may require any employee to work on such
picnic day and, unless reasonable excuse exists, the employee shall work in
accordance with such requirements at the rates prescribed by subclause (iv) of
this clause. The employer may require
from an employee evidence of attendance at the picnic and the production of the
evidence of attendance. Where such evidence is requested by the employer,
payment need not be made unless the evidence is produced.
(iii) An employee
who is absent from work on the work day preceding, or the working day following
a holiday, shall not be entitled to payment for the holiday, or holidays unless
the employee produces or forwards evidence to the employer that the absence was
due to a good and satisfactory cause.
(iv) Subject to
subclause (i) of this clause, all time worked on a holiday shall be paid for at
the rate of double time and a half, with a minimum payment for four hours.
(v) For the
purpose of this clause, the rate to be paid to part-time employees for holidays
prescribed in subclause (i) hereof, not worked, shall be the average daily
payment for the four weeks preceding the holiday or holidays.
10. Extra Rates Not
Cumulative
Extra rates in this award are not cumulative so as to exceed
the maximum of double time and a half the ordinary rates.
11. Contract of
Employment
(i) An employee
shall be engaged as a full-time, part-time or casual employee. Any employee, not specifically engaged as a
part-time employee or a casual hand, shall be deemed to be a full-time
employee.
(ii) The
engagement of employees, other than casuals, shall be terminated only by one
week's notice on either side. Such
notice is to be given at any time during the week or by the payment or
forfeiture, as the case may be, of a week's wages in lieu thereof. However, for the first two weeks'
engagement, a new employee is on probation and the employment may be terminated
at any time with one hour's notice or one hour's pay.
(iii) When an
employee has given or been given notice, the employee shall continue in
employment until the date of the expiration of such notice. Any employee, who having given or been given
notice, without reasonable cause (proof of which shall lie upon the employee)
absents from work during such period, the employee shall be deemed to have
abandoned employment, and shall not be entitled to payment for work done within
that period. An employee (other than an
employee who has given or received notice in accordance with subclause (ii) of
this clause) not attending for duty shall, except as provided by clause 15,
Sick Leave, lose payment for the actual time of non-attendance.
12. Annual Leave
See Annual Holidays Act 1944.
13. Annual Leave
Loading
(i) This clause
applies only in relation to annual holidays to which employees become or have
become entitled.
(ii) In this
clause, the Annual Holidays Act 1944 is referred to as "the Act".
(iii) 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.)
(iv) 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.
(v) 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 or, where
such a holiday is given and taken in separate periods, then in relation to each
such separate period. (NOTE: see
subclause (vii) in relation to holidays taken wholly or partly in advance)
(vi) The loading is
the amount payable for the period or separate period, as the case may be,
stated in subclause (v) at the rate per week of 17.5 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 together with, where applicable, the leading hand rates
prescribed by subclause (vii) of clause 4, Wages, but shall not include the
shift allowances prescribed in subclauses (iii) and (iv) of the said clause 4,
any other allowances, penalty rates, overtime rates or any other payments
prescribed by this award.
(vii) 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 (vi) of this clause, applying the
award rates of wages payable on that day.
(viii) 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 (vi) 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 under
the Act, such proportion of the loading that would have been payable under this
clause if the employee had become entitled to an annual holiday prior to the
close-down as the qualifying period of employment in completed weeks bears to
52.
(ix)
(a) When the
employment of an employee is terminated by the employer on or after the date of
operation of this award for a cause other than misconduct, and at the time of
the termination the employee 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 (vi) 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.
(x) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker, namely an employee engaged on night pick-up or
early morning shift, pursuant respectively to subclauses (iii) and (iv) of
clause 2, Hours, if the employee had not been on annual holiday. However if an
employee had been working in accordance with a shift roster, and not been on
annual leave, the employee shall be entitled to the following amounts in lieu
of the loading, if these amounts exceed the loading:
allowances for shifts worked according to subclause
(iii) and (iv) of clause 4, Wages;
the rate for Saturday shift worked according to
subclause (ii) of clause 7, Saturday and Sunday Work.
14. Long Service
Leave
See Long Service Leave Act 1955.
15. Sick Leave
(a) Each full-time
and part-time employee who has completed three months continuous service and
who is absent from work on account of personal illness or injury shall be
entitled to leave of absence with pay, subject to the following conditions and
limitations:
(i) The employee
shall, prior to commencing time of such absence, inform the employer wherever
practicable of the employee's inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of the absence.
(ii) The employee
shall furnish such evidence as the employer reasonably may require that the
employee was unable, by reason of such illness or injury, to attend for duty on
the day or days for which sick leave is claimed.
(iii) Subject to
subclause (b) of this clause, the employee shall be entitled to sick leave of:
38 hours in the first year of service;
62 hours in the second and subsequent years of service.
(iv) An employee
shall not be entitled to paid leave of absence for any period in respect of
which workers' compensation payments are claimed and made.
(b) Sick leave
allowable under this clause shall accumulate from year to year subject to
continuous employment. However, that
accumulation may not extend beyond 12 years.
16. 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 15, 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.
17. Payment of Wages
(i) Wages of
full-time and part-time employees shall be paid weekly on the usual pay day of
each week, not later than Thursday.
(ii) When an
employee's services are terminated for reasons other than misconduct, the
employee shall be paid immediately on such termination all moneys due or,
failing immediate payment, the employee shall be paid at the rate of the
classification under which the employee was last employed for all time until
paid. Where the employment is terminated by reason of the employee's
misconduct, the employee shall be paid all wages due within 24 hours of such
termination or the employee shall be paid at the rate of the classification
under which last employed for all time until such payment is made. A casual employee, may request be paid on the termination of work on each day of
engagement.
18. Mechanical
Recording Devices
If an employer requires an employee to record the employee
starting and finishing times on a mechanical device, the said mechanical device
shall be situated in the area in which the employee normally works.
19. First-Aid
(i) The employer
shall provide and shall maintain a suitably equipped first-aid kit at all
places of work.
(ii) Any employee
appointed by the employer to perform first-aid duties shall be paid at the rate
set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
(iii) In the event
of any serious accident happening to an employee whilst at work or if living on
the employer's property, or when travelling between the employees place of
residence and place of work, the employer shall, at the employer's expense,
provide transport facilities to the nearest hospital or doctor.
20. Protective
Clothing
(i) Employees
shall be provided, free of charge, with all necessary protective clothing,
including rubber boots and aprons when required. Such clothing shall be issued
in good condition and shall be retained by the employees during their period of
employment. It shall be renewed by the
employer when required.
21. Mixed Functions
An employee transferred temporarily from a higher paid to a
lower paid class of work, or from a lower paid to a higher paid class of work
shall be paid at the higher rate of pay during such temporary employment;
provided that an employee transferred temporarily to a higher paid class of
work for two hours or more on any one day shall be paid the higher rate of
wages for the whole of such day.
22. Rest Period
All employees shall be entitled to a morning rest period of
ten minutes, which shall be counted as time worked.
23. Superannuation
(i) 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.
(ii) 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),
such other funds that comply with the requirements of
the legislation and shall participate in accordance with the Trust Deed of that
fund.
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.
(iii) 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.
(iv) An employee
may make contributions to the fund in addition to those made by the employer.
(v) 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.
(vi) 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.
(vii) All
contributions shall be made at the completion of each calendar month.
(viii) Ordinary
time earnings shall be defined as including:
(a) Award
classification rate
(b) Overaward
payment.
(c) 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
(d) Casual loading
in respect to casual employees including 1/12th annual holiday loading.
Ordinary time earnings does not include bonuses,
commission, payment for overtime or other extraordinary payment, remuneration
or allowance.
24. Redundancy
(i) Application
-
(a) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by clause 4, Wages.
(b) This clause
shall 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 award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not 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 award, 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.
(ii) Introduction
of Change -
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 effect 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 this award makes provision for alteration
of any of the matter referred to herein, an alteration shall be deemed not to
have significant effect.
(iii) 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 subclause (ii) of
this clause, 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
discussions 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
paragraph (ii).
(c) For the
purposes of such discussions, 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 the 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.
(iv) Redundancy -
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 done by anyone pursuant to paragraph (a) of
subclause (ii) - Introduction of Change, 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 provisions of paragraph (a) of
this subclause, 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 is 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 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.
(v) Termination of
Employment - Notice for Changes in Production, Program, Organisation or
Structure - This paragraph 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 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
notice, with not less than two years continuous service, shall be entitled to
an additional week’s notice.
(c) Payment in
lieu of 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.
(vi) Notice of
Technological Change - This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from technology in
accordance with 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 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.
(vii) Time off
during 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 purpose 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.
(viii) 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.
(ix) 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.
(x) 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 employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(xi) Centrelink
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.
(xii) 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 rate for the number of weeks notice still owing.
(xiii) Severance Pay
- Where the employment of an employee is to be terminated pursuant to paragraph
(a) of subclause (ii) of this clause, subject to further order of the
Industrial Relations Commission of New South Wales, the employer shall pay 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 of age 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 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
paid in accordance with this award.
(xiv) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in subclause
(xiii) 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 the said
paragraph (a) will have on the employer.
(xv) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in the said
paragraph (i.) if the employer obtains acceptable alternative employment for an
employee.
(xvi) 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 agreement, taken as a whole, between
the union and any employer bound by this award.
25. 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 16, 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 16. 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.
26. Accommodation
Each employer shall provide for the use of the employees:
(i) Adequate
lockers suitably fitted in dressing rooms of suitable dimension.
(ii) A clean,
well-ventilated meal room.
(iii) Facilities
for boiling water for meals and at rest breaks.
(iv) Suitable
toilets so as to accommodate the number of employees so employed. Such
facilities to be separate male/female.
(v) The employer,
with the co-operation of the employees, shall ensure all accommodation is to be
kept in a clean and sanitary condition.
(vi) Hand basin
with running water.
27. Parental Leave
See Chapter 2 Part 4, of the Industrial Relations Act
1996.
28. Jury Service
A full-time employee, or a part-time employee 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 the
employee would have received for the ordinary time the employee would have
worked, had the employee not been on jury service. An employee shall notify the employer as soon as possible of the
date upon which the employee is required to attend for jury service. Further, the employee shall give the
employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
29. Right of Entry
See Chapter 5 Part 7 of the Industrial Relations Act
1996.
30. Dispute Procedure
(i) Procedure
relating to a grievance of an individual employee -
(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 discussions, 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.
(ii) Procedure
for a dispute between an employer and the 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 purpose
of each procedure.
(iii) It is a
purpose of this procedure that normal work continues 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.
31. Area, Incidence
and Duration
Leave is reserved to the parties to apply as they may be
advised in respect of paragraph (i) of subclause (a) of clause 15, Sick Leave.
This award is made pursuant to section 19 of the Industrial
Relations Act 1996. It rescinds and
replaces the Poultry Farm Employees (State) Award published 10 March 1995 (284
I.G. 483) and all variations thereof.
It shall apply to all employees engaged on the classes of work specified
in clause 4, Wages, within the jurisdiction of the Poultry Farm Employees
(State) Industrial Committee.
This award shall operate from the first full pay period on
or after 15 December 2000 and shall remain in force for a period of 12 months.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Base Wage Rate
$
|
SWC 2000
$
|
Total Rate
Per Week
$
|
|
General Hand
|
385.40
|
15.00
|
400.40
|
|
Stock Hand
|
416.70
|
15.00
|
431.70
|
|
Authorised Tester
|
477.20
|
15.00
|
492.20
|
|
Rural Tradesperson
|
477.20
|
15.00
|
492.20
|
Table 2 - Other Rates and Allowances
|
Item No
|
Clause No
|
Brief Description
|
Amount
$
|
|
1
|
4(vii)(a)
|
Leading
Hands
|
14.35
|
|
2
|
4(vii)(b)
|
Leading
Hands
|
19.50
|
|
3
|
4(ix)
|
Cleaning
|
1.35
|
|
4
|
8(ii)
|
Overtime
Meal Allowance
|
7.10
|
|
5
|
19(ii)
|
First-aid
|
1.95
|
D. S. McKENNA, Commissioner.
Poultry Farm
Employees (State) Industrial Committee
Industries and
Callings:
All employees who are employed in rural industries defined
in clause 1 of this award
upon poultry farms -
in connection with -
poultry farming;
the sowing, raising, harvesting or treating of farm produce;
or
at other farm work; or
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.