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New South Wales Industrial Relations Commission
(Industrial Gazette)





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DAIRYING INDUSTRY EMPLOYEES (STATE) AWARD
  
Date05/04/2001
Volume324
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0054
CategoryAward
Award Code 278  
Date Posted06/12/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(278)

SERIAL C0054

 

DAIRYING INDUSTRY EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notices of Award Review pursuant to Section 19 of the Industrial Relations Act 1996 and application by The Employers' Federation of New South Wales, Industrial Organisation of employers.

 

(Nos. IRC5359 and 735 of 1999 and 5768 of 2000)

 

Before the Honourable Justice Walton, Vice-President

Mr Deputy President Grayson

Commissioner Connor

8 December 2000

 

REVIEWED AWARD

 

ARRANGEMENT

 

PART A

 

CONDITIONS

 

Clause No.          Subject Matter

 

1.         Classifications

2.         Hours

3.         Wages

4.         Saturdays, Sundays and Public Holidays

5.         Terms of Engagement

6.         Overtime

7.         Call Back

8.         Mixed Functions

9.         Sick Leave

10.       State Personal/Carer’s Leave

11.       Bereavement Leave

12.       Parental Leave

13.       Anti-Discrimination

14.       Annual Leave

15.       Annual Leave Loading

16.       Long Service Leave

17.       Meal Break

18.       Travel and Meal Allowances

19.       Protective Clothing and Health Conditions

20.       Tools

21.       Accommodation and Keep

22.       Payment of Wages

23.       Jury Service

24.       Union Right of Entry

25.       Dispute Procedures

26.       Redundancy and Retrenchment Provisions

27.       Training Wage

28.       Area, Incidence and Duration

29.       Savings and Transitional

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Rates of Pay - Apprentices

Table 3 - Rates of Pay - Junior Employees

Table 4 - Training Wage Rates

Table 5 - Other Rates and Allowances

Table 6 - Transitional Arrangement - Handyman

 

PART A

 

CONDITIONS

 

1.  Classifications

 

(a)        An employee shall be employed in one of the following classifications

 

i.           Support Operator - Grade 1 - An operator that uses his/her knowledge and skills to set procedures such as milking and attending to livestock, haymaking, fencing.  A Grade 1 employee uses the following competencies:

 

           Operating milking plant and equipment, in a safe manner.

           Identify and report equipment not operating normally.

           Able to work cooperatively as part of a team.

           Can read and record instrument information i.e. milk vat temperatures and cow numbers.

           Understands the principles of safe working.

 

ii.          General Operator - Grade 2 - An operator that uses his/her knowledge and skills to multiple operations involving basic levels of problem solving and decision making.  An employee must have an appreciation of the overall processes involved in a dairy farm.  A Grade 2 employee uses the following competencies:

 

           Operating milking plant and equipment, undertaking multiple functions, producing a quality outcome e.g. farm machinery.

           Maintaining machinery, undertaking adjustments and size changes.

           Solving problems and making decisions within given guidelines.

           Knows general scientific terminology and assists with processes such as, machine repair, artificial insemination, fertiliser mix design etc.

           Operating standard measuring equipment.

           May be required to operate computerised systems using menu options.

           Contributes to the team in a specific role, providing input and assisting other team members.

           Work at times without supervision.

 

iii.         Specialist Operator - Grade 3 - An operator that uses his/her knowledge and skills to coordinate the operation of a farm process or area of expertise e.g. milking and animal attendance, pasture and farm maintenance, breeding programs and artificial insemination area.  A Grade 3 employee uses the following competencies:

 

           Overview of all farm operations.

           Shows strong planning and organising abilities, developing work plans to achieve objectives.

           Operating computer equipment and software packages requiring set-up and basic function operation.

           Maintains equipment requiring modification, part replacement and overhauls.

           Gathers information, generates a range of options and implements a course of action to solve problems.

           Demonstrates a comprehensive understanding of the dairy industry monitoring the industry through literature.

           Uses measuring equipment requiring calibration and measurement conversion.

           Uses established scientific processes in at least one area of specification.

           Co-operates with other team members, establishing priorities and work goals.

           Works with others to develop his/her competencies.

 

iv.        Senior Operator - Grade 4 -  An operator who under the direction of the owner or manager uses his/her expertise and skills in order to supervise and maintain the operation of a dairy farm.  A Grade 4 employee uses the following competencies:-

 

           Setting and monitoring of work goals.

           Anticipates potential problems/issues and determines the best course of action.

           Approaches the resolution of conflict using objectivity and reason, differentiating between the two.

           Supervises other grades.

           Where appropriate, seeks to develop team performance and cohesion, taking into account competencies and the needs of team members.

           Keeps abreast of dairy industry trends and changes.

           Exercises, where necessary, foresight in relation to farm needs and makes recommendations to farm management.

           Operate scientific processes necessary to achieve farm objectives.

 

v.         Trainee - An employee who receives both on and off the job training for a nominated period, who is bound by a traineeship agreement made in accordance with Clause 27 of this award.

 

vi.        Apprentice - An employee bound by an indentured agreement in accordance with this award to an employer for a period of 3-4 years and receives both on and off the job training.

 

vii.       Junior Employee - An employee less than 20 years of age subject to the provisions of this award.

 

(b)        To avoid doubt, notwithstanding any other provision of this award, an employee may agree to undertake employment in and accept the remuneration of a classification below his or her own personal level of skill or competency.  So long as such an employee’s major and substantial duties are restricted to the skills, responsibilities and competencies of the classification for which that employee has been employed, the employee shall only be entitled to the remuneration applicable to that classification.

 

2.  Hours

 

(a)        The Ordinary hours of work for a full-time employee shall not exceed an average of 38 hours per week.  Provided that no employee shall be required to work:

 

(i)         more than 12 ordinary hours per day,

(ii)        more than 60 ordinary hours in a week, and

(iii)       more than 76 ordinary hours in a fortnight.

 

An employee shall only be required to work hours in excess of 60 hours in any week in order to perform urgent, non-routine duties. 

 

(b)        The ordinary hours of work for a part-time employee shall be a regular number of hours per week, less than 38.  Provided that by agreement, a part-time employee may work more than his/her regular number of hours per week up to a maximum of 38 without the payment of overtime.

 

(c)        The ordinary hours for a casual employee shall be the same as those for a full-time employee.

 

(d)        Under no circumstances shall an employee be required to work more than 12 ordinary hours in a day.

 

3.  Wages

 

(a)        Full-time adult employee - The minimum rates of wages for a full-time adult employee shall be the weekly rate for the appropriate classification as set out in Clause 1, Classifications and Table 1, Rates of Pay of this award.

 

(b)        Indentured Apprentices and Trainee Apprentices -

 

(i)         The minimum rates for indentured apprentices shall be set out in Table 2, Rates of Pay - Apprentices, of this award.  The minimum rates for Trainee Apprentices shall be set out in Table 4, Training Wage Rates, of this award.

 

(ii)        Within the final six months of an apprentice completing his/her apprenticeship, an employer shall inform the apprentice of the classifications under the award and of any positions available at the completion of the apprenticeship or that no positions will be available.

 

(iii)       The rates of wages of non-indentured Trainee Apprentices shall be the same as those prescribed for the indentured apprentices plus 15 per cent and shall be on a weekly basis. Provided that the said 15 per cent shall not be paid unless a satisfactory report is received each term from the technical college, when such rate shall be paid within 14 days of receipt by the employer of such report.

 

(iv)       Any apprentice who produces evidence that he/she has completed the three years’ trades course and passed the necessary examination at the technical college, shall, for the remainder of his/her term, be entitled to the amount set out in Item 4 of Table 5 - Other Rates and Allowances, per week in addition to the rates prescribed.

 

(c)        Junior Employees - The minimum rates of wages to be paid to junior employees, subject to the other provisions of this award, shall be the percentage of the appropriate adult rate as set out in Table 3, Rates of Pay - Junior Employees, of this award, rounded up to the nearest five cents.

 

(d)        Part-time Employees - Part-time employees shall be paid an hourly rate equal to the appropriate weekly rate divided by thirty-eight.

 

A part-time employee shall receive all the benefits of this award applicable to a full-time employee in proportion to the hours they work.

 

(e)        A Casual Employee - A casual employee shall be paid an hourly rate to be ascertained by dividing the weekly rates payable under Table 1 by 38, plus 15 per cent.  This shall be the rate for the purposes of overtime and penalty rates.

 

A casual employee shall also be entitled to an additional one-twelfth (1/12th) for ordinary hours in accordance with the Annual Holidays Act 1944, as their annual leave component.

 

(f)         State Wage Case Adjustment - The rates of pay in this award include the adjustments payable under the State Wage Case of May 2000.  These adjustments may be offset against:

 

(i)         any equivalent overaward payment; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case increases and minimum rates adjustments.

 

4.  Saturdays, Sundays and Public Holidays

 

(a)        No deduction shall be made from the wages of employees, other than casual employee, for the week in which any day proclaimed as a public holiday falls. The public holidays are:

 

New Years Day

Australia Day

Good Friday

Easter Saturday

Easter Monday

Anzac Day

Queens Birthday

Labour

Christmas Day

Boxing Day

 

any other day or days which may be proclaimed as public holidays throughout the State.

 

(b)        The employer and the employee(s) may reach agreement to substitute a holiday for any other day or days specified herein.

 

(c)        All ordinary time worked on Saturdays shall be paid for at the rate of time and one-quarter, except in the case of overtime which shall be paid for at the normal overtime rates.

 

(d)        All time worked on Sundays shall be paid for at the rate of time and one-half, except in the case of overtime which shall be paid for at the rate of double time.

 

(e)        Double time and a half shall be paid for work performed on public holidays, with a minimum payment for two hours.

 

(f)         The Australian Workers Union, New South Wales Branch picnic day which will be held on the first Monday of December of each year or as time to time effective and shall be paid at ordinary time, even though not worked.

 

An employer may require from an employee evidence of his/her attendance at the Union Picnic and the production of the butt of the picnic ticket issued for the picnic shall be sufficient evidence of attendance.  Where, such evidence is required by the employer, payment need not be made unless the evidence is produced.

 

5.  Terms of Engagement

 

(a)        "Casual Employee" means an employee who is engaged on a casual basis and paid by the hour.

 

"Employee" means an employee whose conditions of employment are regulated by this award.

 

"Full-time employee" means a permanent employee who is engaged to work an average of 38 ordinary hours in accordance with this award.

 

"Part-time employee" means a permanent employee who is engaged to work a regular number of hours less than 38 per week.

 

(b)        An employee shall be engaged as a full-time, part-time or casual employee, and shall be advised of such at the time of engagement.

 

(c)        The engagement of employees, other than casual employees, shall be terminated only by one week’s notice on either side to be given at any time during the week or by the payment or forfeiture, as the case may be, of a normal week’s wages in lieu thereof.  Provided that for the first fortnight of engagement of a new employee the employment may be terminated at anytime without notice.

 

(d)        Nothing contained in subclause (c) of this clause, shall prevent an employer from deducting payment from time lost by an employee or terminating the employment without notice because of the employee’s misconduct.

 

(e)        Where the driving of a motor vehicle is a requirement of the employment, the employee shall disclose his/her status regarding holding a licence.

 

(f)         Where a part-time employee is engaged, the employer and the employee shall enter into a written agreement, detailing the employee’s regular number of hours.

 

 

 

 

6.  Overtime

 

(a)        An employee may be required to work reasonable overtime as directed by his/her employer.  Provided that an employee shall not be required to work hours in excess of 60 hours in any week except in order to perform urgent, non-routine duties.    Any dispute concerning the nature of such duties shall be dealt with in accordance with Clause 25, Dispute Procedures.

 

(b)        Except as provided for in Clause 4, Saturdays, Sundays and Public Holidays, all time worked in excess of the ordinary hours prescribed in Clause 2, Hours, shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

(c)        Limitation on Overtime - Apprentices

 

(i)         An apprentice may be required to work reasonable overtime and such apprentice shall work such overtime as directed by the employer.

 

(ii)        No apprentice shall, except in an emergency, work or be required to work overtime at times which would prevent his/her attendance at technical college as required by any statute, award or regulation applicable to him/her.

 

7.  Call Back

 

(a)        Upon cessation of work for the day, where an employee is recalled to work he/she shall be engaged for a minimum of two hours at the appropriate rate.

 

(b)        Where an employee has left the employer’s premises, and is required to travel in order to return to work, such time shall be counted as time worked for the purposes of such minimum engagement.

 

8.  Mixed Functions

 

Should an employee be transferred temporarily from a higher paid to a lower paid class of work such employee shall be paid not less than the rate of wages prescribed for the higher class of work 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.

 

9.  Sick Leave

 

(a)        Any employee (whether full-time, part time or casual) who is unable to attend for duty due to illness or injury on any day where his/her attendance is expected, must, unless his/her illness or injury prevents him/her from doing so, exercise his/her best endeavours to notify the employer of his/her absence within one hour of commencing time.

 

(b)        An employee (excluding a casual 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)         Without detracting from the obligation imposed on the employee by subclause (a) of this Clause, the employee shall, not later than twenty-four hours of the commencement of such absence, inform the employer of the employee’s inability to attend for duty and, as far as practicable, state the nature of the illness or injury 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 paragraph (ii) of this subclause, the employee shall be entitled to sick leave of: Five (5) days in the first year and eight (8) days in the second and every successive year. 

 

(iv)       Whilst the employee is employed by the employer, sick leave not taken in any particular year shall accumulate for use by the employee in succeeding years, provided that such accumulated sick leave shall only be available to the employee for a period of twelve years from the end of the year in which that sick leave accrued, and shall only be available in accordance with the other requirements of this Clause and only while the employee is employed by the employer.

 

(v)        An employee shall not be entitled to paid leave of absence for any period in respect of which Workers’ Compensation payments are claimed and being received.

 

(c)        Service with the employer before the date of coming into operation of this clause shall be counted as service for the purpose of qualifying thereunder.

 

10. 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 accumulated sick leave entitlement, provided for in Clause 9, 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:

 

the employee being responsible for the care of the person concerned; and the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        a defacto 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

 

(iii)       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

 

(iv)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(v)        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 -

 

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 of 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.

 

11.  Bereavement Leave

 

(i)         An employee other than a casual employee shall be entitled; to a maximum of two days bereavement leave without deduction of pay, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause.  Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to two days bereavement leave where the employee travels outside Australia to attend the funeral.

 

(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 10, 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.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period for which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2),(3),(4) and (5) of the said Clause 10.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

12. Parental Leave

 

See Industrial Relations Act 1996.

 

13.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

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 unnecessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

(6)        These orders shall operate on and from today until further order of the Commission.

 

14.  Annual Leave

 

See Annual Holidays Act 1944 as amended.

15.  Annual Leave Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes his/her 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 (v) of this section).

 

(iii)       The loading is payable in addition to the pay for the period of the holiday given and taken and due to the employee under the Act.

 

(iv)       The loading is the amount payable for the period or the separate period of annual leave, as the case may be, 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.

 

(v)        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 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 (iv) of this clause, applying the award rates of wages payable on that day.

 

(vi)       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:

 

(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 (iv) 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.

 

(vii)

 

(a)        When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, the employee shall be paid a loading calculated in accordance with subclause (iv) of this clause.

 

(b)        Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee’s employment.

 

16.  Long Service Leave

 

See Long Service Leave Act 1955 as amended.

 

17.  Meal Break

 

(a)        An employee shall be entitled to an unpaid meal break of not less than thirty minutes nor more than one hour, and shall not be required to work more than five hours from the time of commencement without a break for a meal, except in the following circumstances:

 

(i)         Where an employee is engaged to work no more than six hours in any one day, up to six hours may be worked without a break for a meal.

 

(ii)        Where an employee is required to perform urgent and non-routine duties that would delay the taking of a meal break, a break for a meal shall be taken immediately upon completion of such duties.

 

(b)        In any event, the employer and employee may by mutual agreement alter the commencing time of the lunch break.

 

18.  Travel and Meal Allowances

 

(a)        Where an employee is required by the employer to travel from one place of work to another the time occupied in travelling shall be counted as time worked and shall be paid as such.

 

(b)        Where an employee is required to travel at a time when he/she would normally have a meal break, or is required to work in excess of ordinary hours (see Clause 2), the employer shall either provide a meal at no charge or pay the prescribed allowances shown in Item 1 of Table 5, Other Rates and Allowances.

 

(c)        Where an employee is directed by the employer to use his/her own motor vehicle in the performance of his/her duties, he/she shall be paid an allowance at the rate per kilometre set out in Item 5 Table 5, Other Rates and Allowances.

 

(d)        Employees required to obtain accommodation which is away from his/her normal place of work shall stay at pre-arranged accommodation or be reimbursed for reasonable accommodation and meal expenses (on production of receipts) or be paid in accordance with the rates, as prescribed in Items 1, 2, and 3 of Table 5, Other Rates and Allowances.  Where practical, the type and standard of accommodation should be nominated by the employer prior to the travel.

 

19.  Protective Clothing and Health Conditions

 

(a)        The employer shall provide, free of charge, all necessary protective clothing including gumboots for the use of full-time employees.  Such clothing shall be issued in good condition and retained by the employees during the period of their employment.  It shall be renewed by the employer when required.

 

(b)        The employer shall provide and maintain a suitably equipped first-aid outfit in the dairy in accordance with the Occupational Health and Safety (First-Aid) Regulation 1989, and any amendments hereto.

 

(c)        If an employer and employee agree that the employee obtain a first-aid certificate for use by the employee in his/her employment, then the employee shall be entitled to time off on full pay to attend a first aid training course approved by the employer. Upon successful completion of such course any fees incurred by the employee in attending the course will be reimbursed to the employee by the employer upon production of a receipt for payment of the said fees.   An employee appointed by the employer to perform first-aid duties shall be paid an amount per day as set out in Item 6, Table 5, Other Rates and Allowances.

 

(d)        Any employee required to undertake any part of his/her duties outdoors shall be supplied, free of charge, adequate broad spectrum sunscreen protection cream at his/her place of work. 

 

20.  Tools

 

(a)        All tools required by employees for the performance of his/her work shall be provided free of charge, by the employer, and remain the property of the employer.

 

(b)        Employees shall be responsible to ensure that tools not in use are kept in a safe place so as to minimise the risk of tools becoming lost or stolen.

 

21.  Accommodation and Keep

 

Where at an employee’s request an employer provides accommodation and/or keep to an employee:

 

(a)        the employer and employee shall agree as to the cost, specified in money terms, to be charged to the employee for such  accommodation or keep but shall not exceed an amount equal to one-fifth of the full-time wage prescribed by this award for the classification of the employee;

 

(b)        the amount agreed by the employer and the employee for accommodation and/or keep shall be paid to the employer by the employee at regular intervals agreed between them;

 

(c)        the payment required of the employee under (b) above shall be paid by the employee to the employer or, with the written authority of the employee, deducted from the employee’s wages provided that the employer may not apply the agreed cost of accommodation or keep as a set off or credit against the employer’s liability to the employee for wages or other benefits prescribed by this award.

 

22.  Payment of Wages

 

(a)        Wages shall be paid at least fortnightly as follows at the discretion of the employer:

 

(i)         Direct into an account in the name of the employee with a bank, credit union, building society or other financial institution; or

 

(ii)        By cheque; 

 

(iii)       By cash.

 

(b)        Where the employer makes wages payments by cheque, time will be granted to employees to cash his/her wage cheque on his/her normal pay day without loss of pay.

 

(c)        When an employee’s services are terminated by the employer for reasons other than misconduct, the employee shall be paid all wages due immediately or, failing immediate payment, he/she shall be paid at the rate of the classification under which he/she was last employed for all time until he/she is paid.

 

(d)        Where the employment is terminated by reason of the employee’s misconduct he/she shall be paid all wages due to him/her within twenty-four hours of such termination or the employee shall be paid at the rate of the classification under which he/she was last employed for all time until such payment is made.

 

23.  Jury Service

 

(a)        An employee (other than a casual) required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

(b)        An employee shall notify his/her employer as soon as practicable of the date upon which attendance for jury service is required and shall provide his/her employer with proof of attendance and the amount received in respect thereof.

 

24.  Union Right of Entry

 

The union right of entry is in accordance with the Industrial Relations Act 1996.

 

25. Dispute Procedures

 

The procedure for the resolution of industrial disputation will be in accordance with Section 14 of the Industrial Relations Act 1996.  These procedural steps are:

 

(a)        Procedure relating to a grievance of an individual employee:

 

(i)         The employee is required to notify the employer (in writing or otherwise) as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

(ii)        A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(iii)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(iv)       At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved including reasons for not implementing any proposed remedy.

 

(v)        While a procedure is being followed, normal work must continue.

 

(vi)       The employee may be represented by an industrial organisation of employees.

 

(b)        Procedure for a dispute between an employer and the employees:

 

(i)         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.

 

(ii)        Reasonable time levels must be allowed for discussion as each level of authority.

 

(iii)       While a procedure is being followed, normal work must continue.

 

(iv)       The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

(c)        Subject to the Industrial Relations Act 1996, in the event that a dispute cannot be settled by the above procedures the Commission may be notified of an industrial dispute for the purpose of resolving the dispute.

 

26.  Redundancy and Retrenchment Provisions

 

(i)         Application -

 

(a)        These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified by Clause 3, 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 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 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 cases of casual employees, apprentices or employees engaged for a specified 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

 

(a)        Employers Duty to Notify

 

(A)      Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(B)       "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. 

 

Provided that where 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 -

 

(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 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.

 

(B)       The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (a).

 

(C)       For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iii)       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 to be done by anyone pursuant to subparagraph (A) of paragraph (a) of this subclause, (ii), and the decision may lead to the termination of the employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of 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 discussions 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 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.

 

(iv)       Termination of Employment -

 

(a)        Notice of Changes in Production, Programme, Organisation or Structure.

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure", in accordance with subparagraph (A) of paragraph (a) of subclause (ii) of this clause.

(A)       In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service            Period of notice

 

Less than 1 year                                  1 week

1 year and less than 3 years              2 weeks

3 years and less than 5 years            3 weeks

5 years and over                                  4 weeks

 

(B)       In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years’ continuous service, shall be entitled to an additional week’s notice.

 

(C)       Payment in lieu of the notice above shall be made if the appropriate notice  period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)        Notice of technological change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (A) of paragraph (a) of subclause (ii) of this clause.

 

(A)       In order to terminate the employment of an employee, the employer shall give to the employee three months’ notice of termination.

 

(B)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(C)       The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(c)        Time off During the Notice Period -

 

(A)       During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(B)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(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 as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice.  Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.

 

(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 Employment Service - Where a decision has been made to terminate the employment of employees, the employer shall notify the Centrelink Employment Service 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 likely to be carried out.

 

(g)        Centrelink Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a "Employment Separation Certificate" in the form required by Centrelink.

 

(h)        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 an amount equal to the difference between the former ordinary- time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay -

 

(a)        Where the employment of an employee is to be terminated pursuant to subclause (iv) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

(A)       If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of service          Under 45 Years of Age Entitlement

 

Less than 1 year                                  Nil

1 year and less than 2 years              4 weeks

2 years and less than 3 years            7 weeks

3 years and less than 4 years            10 weeks

4 years and less than 5 years            12 weeks

5 years and less than 6 years            14 weeks

6 years and over                                  16 weeks

 

(B)       Where an employee is 45 years 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)       "Weeks 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, over award payments, shifts penalties and allowances paid in accordance with this 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) 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.

 

(c)        Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) if the employer obtains acceptable alternative employment for an employee.

 

27. Training Wage

 

(a)        Application -

 

(i)         Subject to paragraph (c) of this subclause, this clause shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with the award.

 

(ii)        The terms and conditions of the award apply except where inconsistent with this clause.

 

(iii)       Notwithstanding the foregoing, this clause shall not apply to employees who were employed under the award prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the union.

 

(iv)       This clause does not apply to apprentices.

 

(b)        Objective - The objective of this clause is to establish a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed.  The system is neither designed nor intended for those who are already trained and job ready.  It is not intended that existing employees shall be displaced from employment by trainees.

 

(c)        Supersession - Any existing provisions for the Australian Traineeship System (ATS) or the Career Start Traineeship (CST) shall not apply to any employer bound by this award, except in relation to ATS or CST trainees who commenced a traineeship with the employer prior to the operation of this clause.

 

(d)        Definitions - "Approved training" means training undertaken (both on or off the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practices in accordance with a traineeship scheme approved by the NSW Department of Education and Training (DET).  The training will be accredited and lead to qualifications as set out in paragraph (i) of subclause (e),

 

Training Conditions.

 

"Union" means The Australian Workers’ Union, New South Wales.

 

"Trainee" means an employee who is bound by a traineeship agreement made in accordance with this award.

 

"Traineeship" means a system of training which has been approved by DET.

 

"Traineeship Agreement" means an agreement made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with DET.  A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

 

"Traineeship Scheme" means an approved traineeship applicable to a group or class of employees or to an industry or sector of an industry or enterprise.   A traineeship scheme shall not be given approval unless consultation and negotiation with the union upon the terms of the proposed traineeship scheme shall include standard format which may be used for traineeship agreement.

 

"Parties to a Traineeship Scheme" means the employer organisation and/or the employer and union involved in the consultation and negotiation required for the approval of a traineeship scheme.

 

"DET" means the NSW Department of Education and Training.

 

"Appropriate State legislation" means the Industrial and Commercial Training Act 1989 or any successor legislation.

 

(e)        Training Conditions

 

(i)         The trainee shall attend an approved training course or training programme prescribed in the traineeship or as notified to the trainee by DET in accredited and relevant traineeship schemes.

 

(ii)        A traineeship shall not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with DET, provided that if the traineeship agreement is not in a standard format, a traineeship shall not commence until the traineeship agreement has been registered with DET.  The employer shall ensure that the trainee is permitted to attend the training course or programme provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.

 

(iii)       The employer shall provide a level of supervision in accordance with the traineeship agreement during the traineeship period.

 

(iv)       The employer agrees that the overall training programme will be monitored by officers of DET and training records or workbooks may be utilised as part of this monitoring process.

 

(v)        Training is to be directed at:

 

The achievement of key competencies required for successful participation in the workplace (where these have not been achieved, e.g. literacy, numeracy, problem solving, teamwork, using technology), and units of competency contained in the Agriculture (Dairy) Training Packages at Australian Qualification Framework Certificate levels II, III and IV or similar.

 

(f)         Employment Conditions-

 

(i)         A trainee shall be engaged as a full-time employee for a maximum of one year’s duration, provided that a trainee shall be subject to a satisfactory probation of up to one month which may be reduced at the discretion of the employer.  By agreement in writing, and with the consent of DET, the relevant employer and trainee may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme.

 

(ii)        An employer shall not terminate the employment of a trainee without first having provided written notice of termination to the trainee concerned and DET in accordance with the traineeship agreement or the Industrial and Commercial Training Act 1989.  An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, DET of their decision.

 

(iii)       The trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the traineeship agreement.

 

(iv)       Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the award or any other legislative entitlements.

 

(v)

 

1.         The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shiftwork in order to ensure the training programme is successfully completed.

 

2.         No trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the award.

3.         No trainee shall work shiftwork unless the parties to a traineeship scheme agree that such shiftwork makes satisfactory provision for approved training.  Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork employees.

 

4.         The trainee wages shall be the basis for the calculation of overtime and/or shift penalty rates required by the award, unless otherwise agreed by the parties to a traineeship scheme, or unless the award makes specific provision for a trainee to be paid at a higher rate, in which case the higher rate shall apply.

 

(vi)       All other terms and conditions of the award that are applicable to the trainee, or would be applicable to the trainee but for this clause, shall apply unless specifically referred to by this clause.

 

(vii)      A trainee who either fails to complete the traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the traineeship shall not be entitled to any severance payments.

 

(viii)     The union right of entry is in accordance with Chapter 5, Part 7 of the Industrial Relations Act 1996.

 

(g)        Wages-

 

(a)

 

(i)         The weekly wages payable to trainees are as provided in Table 4, Training Wage Rates - Industry/Skill Level C, of this award.

 

(ii)        These wage rates will only apply to trainees while they are undertaking an approved traineeship which includes approved training as defined in this award.

 

(iii)       The wage rates prescribed by this clause do not apply to the complete trade level training which is covered by the apprenticeship system.

 

(b)        The determination of the appropriate wage rate shall be made by the parties to the Training agreement; based on the following criteria:

 

any agreement of the parties;

 

the nature of the industry;

 

the total training plan;

 

recognition that training can be undertaken in stages;

 

In the event that the parties disagree with such determination it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.

 

(c)        For the purposes of the said Table 4, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

 

(i)         include any period of schooling beyond year 10 which is not part of nor contributed to a completed year of schooling;

 

(ii)        include any period during which a trainee repeats in whole or in part a year of schooling beyond Year 10; and

 

(iii)       not include any period during a calendar year in which a year of schooling is completed.

(d)        At the conclusion of the traineeship this clause ceases to apply to the employment of the trainee and the award shall apply to the former trainee.

 

28.  Area, Incidence and Duration

 

(a)        This award is made following a Section 19 Review pursuant to the Industrial Relations Act 1996 and rescinds and replaces, the Dairying Industry Employees (State) Award published 17 January 1997 (296 I.G. 100), and all variations thereof, the Dairying Employees Wages (State) Award published 10 February 1995  (283 I.G. 913), and the Dairying Industry Employees Training Wage (State) Award published 10 May 1996 (292 I.G. 574) and all variations thereof.

 

(b)        This award shall take effect from the first full pay period to commence on or after 1 January 2001, and shall remain in force for a nominal term of 12 months.

 

(c)        This award shall apply to all employees who are employed:

 

(1)        Upon dairy farms:

 

(a)        in connection with:

 

(i)         dairying; or

(ii)        sowing, raising, harvesting or treating of grain, fodder or other farm produce; or

(iii)       the management, rearing or grazing of cattle or other livestock; or

 

(b)       at other farm work; or

 

(2)        At clearing, fencing, trenching, draining or otherwise preparing land for any of the abovementioned purposes; within the State, except for:-

 

(i)         Managers and Overseers;

(ii)        Members of the employer’s immediate family;

(iii)       Employees of the Crown; and

(iv)      The County of Yancowinna.

 

In this subclause the expression "immediate family" means spouse, defacto spouse, parent, child and sibling.

 

(d)        To avoid doubt, subject to the exceptions listed in subclause (c) of this clause this award shall apply to all employees engaged in all farming activities where such farming activities are conducted on or in connection with a dairy farm.

 

29. Savings and Transitional

 

A.        Notwithstanding the rescission of the Dairying Industry Employees (State) Award published 17 January 1997 (296 I.G. 100), and all variations thereof ("the 1997 Award"),

 

(i)         Nothing in this Award shall affect any right, obligation or liability already accrued or incurred under any previous award; and

 

(ii)        No employee employed by an employer as at the date of commencement of this award shall suffer any reduction or diminution of his or her entitlements or benefits as a consequence of the rescission of the 1997 Award and its replacement by this award, except as may be specified in this award.

 

B.         In relation to an employee employed in a classification that was regulated by the 1997 Award as at the date of commencement of this award, the employer shall allocate that employee to a classification under this award.

 

 

PROVIDED THAT

 

(i)         Subject to the operation of subclause v. of clause 1 of this award, the classification to which the employee is allocated shall be a classification which attracts wages and conditions under this award which are not less than the wages and conditions that the employee enjoyed under the 1997 Award as at the date of the award’s rescission;

 

(ii)        if the classification to which the employee is so allocated by the employer requires the employee to exercise additional or other skills or duties compared to those required of the employee in his or her classification under the 1997 Award then the employer shall provide adequate training to the employee so he or she may become competent in the classification;  and

 

(iii)       if the employer provides the employee with the training required, but the employee cannot demonstrate competency in the allocated classification after 12 months of work in that classification, the employer may then re-allocate the employee to a lower paid classification commensurate with the employee’s competencies.

 

C.         Transitional arrangements for the former classification of Handyman shall be as follows:

 

(a)        Existing employees classified in the classification of  ‘handyman’ prior to the coming into force of this award shall be reclassified in accordance with the classification structure set out in this award. Provided that where such classification in this award would prescribe a minimum rate of pay which is lower than the rate set out in Table 6 of Part B of this award, such employees shall receive the minimum rate of pay set out in Table 6 of Part B of this award.

 

(b)        In any event, an employee classified in the classification of  ‘handyman’ immediately prior to the coming into force of this award shall perform the range of functions and duties associated with the reclassification of their position under this award.

 

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

 

CLASSIFICATION

Weekly Rate of pay

Support Operator - Grade 1

$417.20

General Operations - Grade 2

$425.90

Specialist Operator - Grade 3

$492.20

Senior Operator - Grade 4

$538.70

 

 

Table 2 - Rates of Pay - Apprentices

 

Apprentice - Rates of Pay

Percentage of Specialist Operator Grade 3 - $492.20

1st Year

60%

$295.30

2nd Year

65%

$319.95

3rd Year

75%

$369.15

4th Year

85%

$418.40

 

 

 

 

 

 

Table 3 - Rates of Pay - Junior Employees

Percentage of Adult Wage

 

Junior Employees

Percentage of appropriate Adult Rate

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 Rate

 

Table 4 - Training Wage Rates

 

Industry/Skill Level C

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at industry/skill level C.

 

Industry/Skill Level C

Highest Year of Schooling Completed

 

 

Year 10

$

Year 11

$

Year 12

$

School Leaver

165.00

198.00

231.00

Plus 1 year out of school

231.00

266.00

312.00

Plus 2 years out of school

266.00

312.00

356.00

Plus 3 years out of school

312.00

356.00

382.00

 

 

Table 5 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Rate of Payment

1

18 (b)

Meal Allowance

$5.95 per meal

2

18 (d)

Spending the night away from their homes/property on which they are employed

 

$33.80 per night

3

Clause 18 (d)

Spending the night away from home/property were employed - apprentices

 

$29.00 per night

4

Clause 3 (b) (iv)

Apprentices completing 3 years trade course

$0.52 per week

5

18 (c)

Motor Vehicle Allowance

0.39 per k/m

6

19 (c)

First-aid allowance

$1.60 per day

 

Table 6 - Transitional Arrangements: Handyman

 

Clause            

Weekly Rate

29(C.) 

$435.20

 

 

 

M. J. WALTON  J, Vice-President.

J. P. GRAYSON  D.P.

P. J. CONNOR, Commissioner.

 

 

 

____________________

 

Printed by the authority of the Industrial Registrar.

 

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