OYSTER FARMS, &C. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC2594 of 1999)
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Before Commissioner
Bishop
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24 October 2000
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REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Hours
2. Wages
3. Piecework
4. Overtime
5. Public
Holidays
6. Terms of
Engagement
7. Payment
of Wages
8. Annual
Leave
9. Annual
Holidays Loading
10. Redundancy
11. Sick Leave
12. Boiling
Water
13. Long
Service Leave
14. First-aid
15. Change
Rooms
16. Tools
17. Travelling
Time Allowance
18. Tea Break
19. Personal/Carer's
Leave
20. Bereavement
Leave
21. Jury
Service
22. Dispute
Resolution Procedure
23. Anti-Discrimination
24. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Hours
The ordinary working hours shall be forty per week or one
hundred and sixty per four-weekly consecutive period, provided that the working
time shall not exceed 12 hours per day or 50 hours per week. Such work hall be
worked on Monday to Saturday inclusive, provided that ordinary hours worked on
Saturdays shall be paid for at the rate of time and one-half for each hour
worked. Such hours shall be worked
continuously except for meal and tea breaks.
A meal break commencing between 11.30 a.m. and 1.30 p.m. shall be of not
less than 30 minutes and not more than one hour, provided meal breaks may be
varied by mutual agreement between the employer and the majority of employees,
but not so as to cause any employee to work for more than six without a break
for a meal.
2. Wages
(i) Adult
Employees - The minimum rate of wages for the classifications in this award
shall, subject to the other provisions of this award, be the weekly rate for
the classification appearing in Table 1 of Part B of this award.
(ii) Leading
Hand - An employee appointed to be in charge of 3 or more other employees shall
be paid an amount as prescribed in Table 1 - Wages, of Part B, Monetary Rates,
in addition to the appropriate rate of pay as prescribed in Table 1.
(iii) Junior
Employees - The minimum rates of wages to be paid to junior employees shall,
subject to the other provisions of this award, be the percentage of the
appropriate rate for adults set out in Table 1, calculated to the nearest 10
cents, any broken part of 10 cents in the result not exceeding 5 cents shall be
disregarded.
(iv) Part-time
Employees - Shall be paid an hourly rate ascertained by dividing the weekly
rate payable under Table 1 by forty.
(v) Casual
Employees - Shall be paid an hourly rate ascertained by dividing the weekly
rate payable under Table 1, plus 15 per cent, by forty.
(vi) The rates of
pay in this award include the adjustments payable under the State Wage Case of
2000. These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments
3. Piecework
Piecework rates may be fixed by agreement between the
employer and the employee at such rates as will enable the average competent
employee working the ordinary hours prescribed by this award to earn at least
15 per cent above the prescribed time work rate. Such piecework rates shall,
when fixed, be paid in lieu of the said time work rate.
4. Overtime
(i) All time
worked in excess of the hours prescribed in clause 1, Hours, of this award,
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.
(ii) Double time
shall be paid for all work performed on Sundays and the rate of double time and
one-half shall be paid for all work performed on holidays as prescribed by
clause 5, Holidays.
(iii) Employees
required to work during their fixed meal breaks shall be paid at overtime rates
until they receive a meal break of the usual period.
5. Public Holidays
No deduction shall be made from the wages of weekly
employees for the following holidays, namely, the days upon which New Year's
Day, Anniversary Day, Good Friday Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Labor Day, Christmas Day and Boxing Day are observed, the
Picnic Day of The Australian Workers' Union, NSW Branch, together with any
other day or days which may be proclaimed as holidays for the State.
The employer and the employee may reach agreement to
substitute any other day for the day or days prescribed above.
6. Terms of
Engagement
All employees, other than casuals, shall be employed by the
week and their engagement shall only be terminated by a 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 week's wages in lieu thereof; provided that for the
first two weeks of engagement of a new employee, the employment may be
terminated at any time without notice.
7. Payment of Wages
(i) All wages
and overtime shall be paid, in the employer's time, not later than Friday in
each week. Wages shall be paid by either, cash, cheque or Electronic Funds
Transfer.
(ii) Where wages
are paid by cheque or bank transfer the following conditions shall apply:
(a) Payment by
cheque or bank transfer will not involve any of the employees in any banking
costs.
(b) Time will be
granted to the employees to cash their weekly wage cheque during normal banking
hours in their normal pay day without loss of pay.
(c) The employees
shall, if necessary, be allowed to leave the employer's premises to cash the
said cheque.
(d) Should any
employee request to have the weekly wages paid into the employees bank account,
credit union or building society account, the employer shall comply with such
request.
(iii) When an
employee's services are terminated by the employer for reasons other than
misconduct, the employee shall be paid all wages within twenty four hours, or
failing immediate payment, he shall be paid at the rate of the classification
under which he/she was last employed for all time until paid.
8. Annual Leave
See Annual Holidays
Act 1944.
NOTATION: Except as otherwise provided therein and subject
to the prescribed conditions of the Annual
Holidays Act 1944, every worker shall, at the end of each year of
employment by an employer, become entitled to an annual holiday of four weeks
on ordinary pay. The Act makes
provision also for payment by an employer in the terms prescribed to a worker
in addition to all other amounts due to the employee of an amount equal to
one-twelfth of ordinary pay where the period of employment is less than one
year.
9. Annual Holidays
Loading
(i) In this
clause, the Annual Holidays Act 1944
is referred to as "the Act".
(ii) Before an
employee takes their annual holiday, or, where by agreement the annual holiday
is taken in more than one separate period, prior to each separate period, 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 (vi)).
(iii) The loading
is payable in addition to the pay for the period of holiday taken and due to
the employee under the Act.
(iv) The loading
is to be calculated in relation to any period of annual leave to which the employee
becomes entitled, or, where such a holiday is given and taken in separate
periods, then in relation to each period. (NOTE: See subclause (vi) as to
holidays taken wholly or partly in advance).
(v) The loading
is the amount payable for the period or the separate period, 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 holidays together
with, where applicable, the leading hand allowance prescribed in subclause (ii)
of clause 2, Wages, of this award.
(vi) No loading
is payable to an employee who takes an annual holiday wholly or partly in
advance; provided that, if the employment of the employee continues until the
day when they would have become entitled under the Act to an annual holiday,
the loading then becomes payable in respect of the period of such holiday and
is to be calculated in accordance with subclause (v) of this clause applying
the award rates of wages payable on that day.
(vii) Where, in
accordance with the Act the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday of leave
without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such holiday shall be paid the loading calculated in accordance with subclause
(v) of this clause:
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to the
employee under the Act such proportion of the loading that would have been
payable to the employee under this clause if they had become entitled to an
annual.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which they became entitled
they shall be paid a loading calculated in accordance with subclause (v) of
this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
10. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified in clause 2, Wages.
(ii) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction
of Change -
(i) Employer’s
duty to notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer’s
duty to discuss change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (ii) 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 paragraph (i) of this
subclause.
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(C) Redundancy -
(i) Discussions
before terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subparagraph (a) of
paragraph (i) of subclause (B) Introduction of Change, of this clause and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (a) of this
paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information, the disclosure of which would adversely affect the
employer.
(D) Termination
of Employment -
(i) Notice for
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 subclause
(B)(i)(a) above.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
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Period of Continuous Service
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Period of Notice
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Less than 1 year
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1 week
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
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3 weeks
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5 years and over
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4 weeks
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(b) In
addition to the notice above, employees over 45 years of age at the time of the
giving of the notice with not less than two years continuous service, shall be
entitled to an additional week’s notice.
(c) Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment may
be terminated by part of the period of notice specified and part payment in
lieu thereof.
(ii) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (B)(i)(a) of this clause:
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act, 1955, the Annual
Holidays Act, 1944, or any Act amending or replacing either of these Acts
.
(iii) Time off
during the notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the classification
of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(viii) Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (a) of paragraph (i) of subclause (b) of this
clause, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee’s employment had
been terminated, and the employer may at the employer’s option make payment in
lieu thereof of an amount equal to the difference between the former ordinary
time rate of pay and the new ordinary time rates for the number of weeks of
notice still owing.
(E) Severance
Pay -
(i) Where an
employee is to be terminated pursuant to subclause (D) of this clause, subject
to further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
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Years of Service
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Under 45 Years of
Age
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Age Entitlement
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Less than 1 year
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Nil
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1 year and less than 2 years
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4 weeks
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2 years and less than 3 years
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7 weeks
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3 years and less than 4 years
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10 weeks
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4 years and less than 5 years
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12 weeks
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5 years and less than 6 years
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14 weeks
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6 years and over
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16 weeks
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(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
|
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Less than 1 year
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Nil
|
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1 year and less than 2 years
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5 weeks
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2 years and less than 3 years
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8.75 weeks
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3 years and less than 4 years
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12.5 weeks
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4 years and less than 5 years
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15 weeks
|
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5 years and less than 6 years
|
17.5 weeks
|
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6 years and over
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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, shift penalties and allowances provided for in the relevant
award.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (i) of this
subclause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay the said paragraph (i) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in the said paragraph (i) if the
employer obtains acceptable alternative employment for an employee.
(F) Savings
Clause - Nothing in this award shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and any employer bound by this award.
11. Sick Leave
(i) An employee
after 3 months' continuous service shall be entitled to 40 hours' sick leave
during the first year of service, and shall be entitled to 64 hours' sick leave
during the second and subsequent years of service with the same employer, such
sick leave shall be cumulative for 12 years from the end of the year on which
it accrues.
(ii) An
employee, if required by the employer shall produce satisfactory evidence as to
their sickness and shall as soon as possible, and preferably within two hours
of the commencing time, notify the employer of their sickness.
12. Boiling Water
The employer shall provide boiling water at meal times when
required by the employees for making tea.
13. Long Service
Leave
See Long Service Leave
Act 1955.
14. First-Aid
A suitably equipped first-aid outfit shall be provided and
continuously maintained by the employer at the place of work.
Any employee appointed by, employer to perform first-aid
duties shall be paid a weekly amount as set out in Item 1 of Table 2 of Part B.
15. Change Rooms
The employer shall provide at each lease or farm a change
and meal room furnished with seats and tables for the use of employees free of
charge. Such room shall be used
exclusively as a change and meal room.
16. Tools
All tools required by employees in the performance of their
work shall be provided free of charge by the employer. Such tools shall remain
the property of the employer and shall be returned by the employee in the event
of the employment being terminated.
17. Travelling Time
Allowance
(i) Where
employees are required by the employer to travel from one place of work to
another, necessitating their absence from home for at least one night, the time
occupied in travelling shall be counted as time worked and shall be paid for as
such.
(ii) Employees
compelled by their duties to spend the night away from their home or the
property on which they are employed, whichever is their normal place of
sleeping, shall be paid a meal allowance for each meal as set out in Item 2 of
Table 2 of Part B, whilst travelling or waiting on route and shall also be paid
an allowance for a bed as set out in Item 3 of Table 2 of Part B, or actual
expenses shall be paid by the employer.
Provided however, the employer may elect to supply both a
suitable meal and accommodation.
18. Tea Break
A tea break during both the morning and the afternoon
periods of the working day shall be allowed to each individual employee at a
time to be arranged by the employer, without deduction from their wages. The
employer shall provide the necessary facilities and the labour to brew tea for
employees.
19. Personal/Carer’s
Leave
(1) Use of Sick
Leave -
(a) An employee, other than a casual employee, with
responsibilities in relation to a class of person set out in subparagraph (ii)
of paragraph (c), who needs the employee's care and support, shall be entitled
to use, in accordance with this subclause, any current or accrued sick leave
entitlement, provided for in clause 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:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the
employee or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-Up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
20. Bereavement Leave
(i) An
employee, other than a casual employee, shall be entitled to up to two days
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person within Australian as
prescribed in subclause (iii) of this clause.
(ii) The
employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will provide to the satisfaction of the employer proof
of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 19,
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
in respect of 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 19.
In determining such a request, the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
21. Jury Service
An employee on weekly hiring required to attend for jury
service during their ordinary working hours shall be reimbursed by the employer
an amount equal to the difference between the amount paid in respect of their
attendance for such jury service and the amount of wage he would have received
in respect of the ordinary time he would have worked had he not been on jury
service.
An employee shall notify the employer as soon as practicable
of the date upon which he is required to attend for jury service and shall
provide the employer with proof of their attendance, the duration of such
attendance and the amount received in respect thereof.
22. Dispute
Resolution Procedure
These procedural steps are:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
levels must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
23. Anti Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3f of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act, 1977 it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides :
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
24. Area, Incidence
and Duration
This award is made following a Section 19 review pursuant to
the Industrial Relations Act 1996 and
rescinds and replaces the Oyster Farms, &c. (State) Award published 5
September 1997 (300 I.G. 1124), and all variations thereof.
It shall apply to all employees classified herein within the
jurisdiction of the Oyster Farms, &c. (State) Industrial Committee.
This award shall take effect from the first full pay period
on or after the 24 October 2000 and shall have a nominal term of twelve months.
PART B
MONETARY RATES
Table 1 - Wages
The minimum rates of wage for classifications shall, subject
to the other provisions of this award, be the weekly rate appearing after each
classification. The following rate shall be operative from the first full pay
period on or after 27 July 2000.
|
|
|
Wage Rate
|
|
|
|
Per Week
|
|
|
|
$
|
|
|
|
|
|
(1) Adult Employee - General Hand
|
450.10
|
|
|
|
|
|
(2) Leading Hand -
|
|
|
|
In Charge of 3 or more employees
|
16.60 per week
extra
|
|
(3) Junior Employee
|
|
Percentage of
Appropriate Adult Rate
|
|
|
|
|
|
At 16 years of age and under
|
|
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 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
14
|
First-aid allowance
|
1.65 per day
|
|
2
|
17
|
Travelling meal
|
5.90 each
|
|
3
|
17
|
Travelling - accommodation
|
26.20/night
|
E. A. R. BISHOP,
Commissioner.
OYSTER FARMS, &C. (STATE) INDUSTRIAL COMMITTEE
INDUSTRIES AND CALLINGS
All employees employed in or in connection with oyster
leases or farms, including employees engaged in the cultivation, culling,
treatment and/or handling of oysters in the State.
____________________
Printed by the authority of the Industrial Registrar.