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
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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.