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New South Wales Industrial Relations Commission
(Industrial Gazette)




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ANIMAL FOOD MAKERS &c. (STATE) AWARD
  
Date06/01/2001
Volume325
Part1
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0091
CategoryAward
Award Code 010  
Date Posted06/11/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(010)

SERIAL C0091

 

ANIMAL FOOD MAKERS &c. (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 6941 of 1999)

 

Before Commissioner Tabbaa

13 February 2001

 

REVIEWED AWARD

 

Arrangement

 

Clause No.      Subject Matter

 

1.         Title

2.         Definitions

3.         Conditions of Employment

4.         Disputes Procedure

5.         Adult Weekly Rates

6.         Undertakings

7.         Junior Rates

8.         Proportion of Juniors

9.         Special Rates

10.       Sunday and Holiday Rates

11.       Mixed Functions

12.       Hours - Day Work

13.       Hours - Shiftwork

14.       Overtime

15.       Travelling

16.       Attendance at Certificate of Food Processing Training Course

17.       Public Holidays

18.       Annual Leave

19.       Annual Leave Loading

20.       Sick Leave

21.       Personal/Carer's Leave

22.       Accident Pay

23.       Bereavement Leave

24.       Jury Service

25.       Safety Precautions

26.       First-aid Attendant

27.       Fire Officer

28.       Supply of Overall, Tools, etc.

29.       Payment of Wages

30.       Time and Wages Book

31.       Amenities and Safety

32.       Notice Boards

33.       Existing Conditions

34.       Copy of Award, etc.

35.       Aged or Infirm Workers

36.       Redundancy

37.       Long Service Leave

38.       Workplace Consultation

39.       Enterprise Arrangements

40.       Anti-Discrimination

41.       Superannuation

42.       Area, Incidence and Duration

 

Schedule A - Awards and Variations Incorporated

Schedule B - Changes made on Review

 

Appendix 1 - Minimum Award Wage Rates

Appendix 2 - Special Rates (clause 9)

Appendix 3 - Introduction

Appendix 4 - Disciplinary Procedure

 

1.  Title

 

This award shall be known as the Animal Food Makers &c. (State) Award.

 

2.  Definitions

 

(1)        Shift Miller - means an employee who is invested by management with responsibility for the mill and control of other employees on their shift.

 

(2)        Foreperson Feed Miller - is a feed miller who is also responsible for planning and organising of other employees besides those on their shift.

 

(3)        Feed Mill Operative - means an employee who works in a feed mill and operates the production machinery.

 

Grade 5 - means an employee who is mainly engaged in operating machinery which carries out one production function, involving the application of standard practices which requires the exercise of limited discretion and who has limited responsibility for the quality of the product, and usually works under direct supervision.

 

Without limiting the generality of the foregoing, examples of the type of work included are: grinding, rollermilling.

 

Grade 4 - means an employee who is mainly engaged in operating machinery which carries out one or more production functions, involving the application of standard practices but requiring some skill and the exercise of some initiative and minor decision making, and who has limited responsibility for the quality of the product/s and usually works under general supervision.

 

Without limiting the generality of the foregoing, examples of the type of work included are: operating a pellet press, an extruder, or preparing ingredients for use and subsequently tipping them into a mixer or bins before a mixer etc.

 

Grade 3 - means an employee who is mainly engaged in operating equipment which controls the production machinery, involving the application of standard practices but requiring the exercise of some initiative and minor decision making, and who has limited responsibility for the quality of the products, and usually works under general supervision.

 

Without limiting the generality of the foregoing, an example would be:  operating the production control panel.

Grade 2 - means an employee who is mainly engaged in operating equipment which controls the production machinery and may control finished products, involving the exercise of some initiative and decision making within a regular work routine, and who has substantial responsibility for the quality of the products, and usually works under limited supervision.

 

Grade 1 - means an employee who is mainly engaged in operating equipment which controls the production machinery of the mill and finished products and/or ingredients, who is required to exercise initiative and judgement and who has responsibility for the quality of the finished products, but is not in control of the other employees on their shift.

The following expressions, which appear in the work descriptions for the grades of feed mill operative, shall be defined as follows:

 

Direct Supervision - shall mean that a person:

 

(a)        receives detailed instructions on the work to be performed; and

 

(b)        performs tasks which are part of an overall work routine; and

 

(c)        is subject to regular progress checks on the work performed.

 

General supervision - shall mean that a person:

 

(a)        receives instructions on what is required on unusual or difficult features of the work and on the method of approach when new procedures are involved; and

 

(b)        is normally subject to progress checks which are usually confined to unusual or difficult aspects of the task; and

 

(c)        has the knowledge and experience required to perform the duties usually without specific instructions but has their work checked.

 

Limited supervision - shall mean that a person:

 

(a)        may be subject to progress checks which will be principally confined to establishing that satisfactory progress is being made; and

 

(b)        may have their work checked.

 

(4)        Premix Blender - means an employee who is mainly engaged in weighing out qualities of vitamins, proteins, minerals and other chemicals and preparing them for use as an ingredient.

 

(1)        Millwright means a tradesperson who is mainly engaged on installation, repair and maintenance work.

 

(2)        General Repairer not Millwright - means an employee who is mainly engaged in repairs and maintenance work but without the relevant trade training and qualifications.

 

(3)        Head Millwright means a Millwright who, whilst they are working, has in their charge and control one or more millwrights and/or general repairers, not apprentices, and who has been appointed by the employer to take such charge or control.

 

(4)        Binsperson means an employee who is mainly engaged in directing the finished product to bins or to packing lines or to bulk delivery vehicles.

 

(5)        Grain Sampler means an employee wholly responsible for the acceptance or rejection of grain or for fixing the rate of dockage in respect thereto.

 

(6)        Head Storeperson/Head Storehand means a Storeperson/Storehand who is invested by management with the superintendence and responsibility of a store and the other employee working in that area.

 

(7)        Storeperson/Storehand/Siloperson means an employee who is mainly engaged in handling and unloading products and/or ingredients.

 

(8)        Packerperson/Packer/Stacker means an employee who is mainly engaged in packing products or in stacking them in mill stores or in railway trucks or in containers.

 

(9)        Head Siloperson/Head Intake Person - means an employee who is invested by management with the superintendence and responsibility of a silo or the receiving and storage of ingredients and of other employees working in that area.

 

(10)      Head Millhand means an employee who is invested by management with superintendence and responsibility of one area of work, and of other employees working in that area.

 

(11)      Millhand means an employee who is required to perform general duties such as cleaning, bag sorting and branding, etc.

 

(12)      An Engine Driver - shall be deemed to be in charge of plant

 

(i)         when two or more drivers are employed at the plant at one time and they are is the driver invested with the superintendence and responsibility.

 

(ii)        when the driver, being the only person of their class employed on the plant, does the general repair work of the plant, in addition to the work of engine-driving, but not when the employee merely assists the millwright to do such work.

 

(13)      Fireman/Boiler Attendant means an employee who is mainly engaged in operating steam raising plant.

 

(14)      Fork Lift Truck Driver and/or Tractor Driver means an employee who is mainly engaged in driving a fork lift truck and/or a tractor.

 

(15)      Laboratory Assistant means an employee who is mainly engaged as an assistant in a laboratory.

 

(16)      All Other Adult Employee means an employee who is not covered by the definitions above.

 

GENERAL DEFINITIONS

 

(a)        Casual employee is one who is engaged and paid as such.

 

(b)        Breakdown means a total stoppage of the work of the mill or plant, except in the stores, through any breakdown of any part of the machinery, including the engines, used by the employer or at the place from which power is transmitted, which prevents the work of the mill itself being carried on for the rest of the day on which the stoppage occurs at least, but does not include a stoppage for repairs.

 

(c)        The Union means the National Union of Workers, New South Wales Branch.

 

(d)        Employee means any person or any of the classes of persons performing any of the kinds of work covered by this Award who may be employed by an employer.

 

(e)        Employer means an employer upon whom this Award is or becomes binding.

 

(f)         Registrar means the Industrial Registrar appointed under the Industrial Relations Act, 1996.

 

(g)        Safety Footwear means, for the purposes of subclause (g) of clause 28, Supply of Overalls, Tools etc., footwear which has a non-slip sole and an integral steel toe cap and which is suitable for use by the employee.

 

3.  Conditions of Employment

 

Unless otherwise determined by agreement in accordance with clause 38, Workplace Consultation the following provisions shall apply:

 

(a)        Engagement - Subject to the following conditions the engagement of all employees under this Award shall be on the basis of either permanent employment (which includes part-time employees) or casual employment.  Employees shall be notified prior to engagement under which category they are employed.

 

(i)         Permanent Employees (Including Part-time Employees) -

 

(a)        Probationary Period of Employment - All new permanent employees (which includes part-time employees) shall be employed under a probationary period of three months commencing from the date of engagement.  During the period a new employee will be properly instructed on the tasks and requirements of the position to be filled.  During the probationary period employment shall be on a day-to-day basis and the employee's employment may be terminated by either the employer or the employee at the end of any day or shift without notice.

 

(b)       A "part-time employee" shall mean an employee who is employed on a permanent basis to work regular days and regular hours, either of which are less than the number of days or hours worked by full-time permanent employees employed at a site, but such days shall not be less than two per week and such hours shall not be less than 16 per week.

 

(c)        The number of part-time employees that may be employed at a site shall not exceed the proportion of one part-time employee to every four or portion of four full-time employees employed under this Award.

 

(d)       A part-time employee shall be paid per hour one thirty-eighth of the weekly rate prescribed for full-time employees for the classification in which they are employed.

 

(e)        The spread of ordinary hours of part-time employees shall be the same as that applicable to full-time permanent employees in the section of the establishment in which they are employed.  The number of ordinary hours worked shall not on any day exceed the number of ordinary hours of permanent employees in the section in which the employee is employed and shall not in any week exceed the number of hours of permanent employees in the section without the payment of overtime.

 

(f)        Subject to this subclause, all of the provisions of this Award shall apply to a part-time employee.

 

(ii)        Casual Employees -

 

(a)        The rate of pay for casual employees shall be the Award rate plus 20%.  Where a casual employee works on any day Monday to Friday in excess of the number of ordinary hours worked by weekly employees in the establishment the rate of pay for working such excess hours shall be time and a half for the first two hours and double time thereafter and such rate shall not include the casual loading.

 

(b)       The rate of pay for work performed by casual employees on Saturdays, Sundays and Public Holidays shall be the Award rate plus 20%.

 

(NOTATION: The Annual Holidays Act 1944 provides that casual employees under this award are entitled to receive an additional amount equal to one-twelfth of their ordinary time earnings in lieu of annual leave).

 

(b)        Termination -

 

(i)         Permanent Employees (Including Part-time Employees) Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages as the case may be.

 

No such notice shall be given to an employee at the time of commencing their annual holidays or long service leave or during the currency of such holidays or leave.

 

(ii)        Casual Employees - Employment shall be terminated by one hour's notice on either side given at any time during the week or by payment or forfeiture of one hour's ordinary pay as the case may be.

 

(iii)       Instant Dismissal - These provisions shall not affect the right of the employer to dismiss any employee without notice for serious and wilful misconduct, and in such cases, the wages shall be paid up to the time of dismissal only.

 

(c)        Stand down -

 

(i)         None of the above shall affect the right of the employer to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

 

(ii)        Except as provided by clause 22, Accident Pay, employees shall not be entitled to full weekly wages unless they are ready, willing and available to work during the ordinary hours of the week prescribed by this Award.

 

4.  Disputes Procedure

 

Where it is agreed at a site that a Disputes Procedure should be adopted, it shall be introduced on the following basis (unless contrary agreement already in existence is preferred by the parties).

 

(1)        The following procedure shall be observed for handling grievances and settling of disputes.  These procedures will not restrict the company or a duly authorised official of an employer's organisation or a duly authorised official of the Union making representations to each other.

 

(a)        The Union and the company shall notify each other in writing the names and/or titles of duly accredited job representatives.  The accredited union job representative will be the only person entitled to make representations on behalf of the members of their union employed by the employer and the nominated company representative will be responsible for dealing with matters raised by the union job representative.

 

(b)        The accredited union job representative and the nominated company representative shall make themselves available for consultation as required under the procedure.

 

(c)        In the first instance, the accredited union job representative shall discuss matters affecting the employees they represent with the foreperson or supervisor of those employees.

 

(d)        If the matter is not resolved at this level, the accredited union job representative should ask for it to be referred to the company's nominated representative and the foreperson or supervisor shall do so.  The company's nominated representative shall arrange a conference to discuss the matter within 24 hours or such other period as agreed with the accredited union job representative.

 

(e)        If the matter is not resolved at the conference convened under paragraph (d) above, the accredited union job representative shall advise the appropriate local official of the union of the matter in issue.  A conference on the matter will then be arranged to be attended by such official or officials and the union job representative concerned as the union may decide, and by the nominated company representative and such other representative of the company including its association as the company may decide.

 

(f)         If a matter has not been resolved when the procedures referred to above have been availed of, the employer and the union should enter into consultation about it at a higher level, on the employer and union sides, as the parties consider appropriate.

 

(g)        At any stage in the procedures after consultation between the parties has taken place in accordance with the procedures, either party may ask for and be entitled to receive a response to their representations within a reasonable time.  If there is undue delay on the part of the other party in responding to representations, the party complaining of delay may, after giving notice of their intention to do so, take the matter to a higher level in the procedures on their side.

 

(h)        Without prejudice to either party, and except where a bona fide safety issue is involved, work shall continue in accordance with the Award while matters in dispute between them are being negotiated in good faith.  Where a bona fide safety issue is involved, the employer and the appropriate safety authority must be notified concurrently or at least a bona fide attempt made to so notify that authority.

 

(i)         At any stage of the procedures, the parties may seek the assistance of some mutually acceptable person.

 

(j)         If the matter is still not settled it shall be submitted to a member of the Industrial Relations Commission of New South Wales, whose decision shall, subject to any appeal in accordance with the Industrial Relations Act 1996, be final and shall be accepted by the parties.

 

(2)        In the event of a party failing to observe these procedures, the other party may take such steps as are open to them to resolve the matter.

 

5.  Adult Weekly Rates

 

(i)         Current minimum rates are set out in Appendix 1 to this Award.

 

(ii)        The rates of pay in this award include the first, second and third arbitrated safety net adjustments ($8.00 per week each 21 February 1994, 13th April 1995 and 5th March 1998) payable under the State Wage Case - December 1994 Decision.  All the above safety net adjustments may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991.  Increases made under previous State Wage Case principles or under the current principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.

 

(iii)       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:

 

(a)        any equivalent overaward payments; and/or

 

(b)        award wage increase since 29 May 1991 other than Safety Net, State Wage Case, and minimum rates adjustments.

 

6.  Undertakings

 

(a)        Flexibility -

 

(i)         Employees under this award shall be required to perform a wide range of duties including work which is incidental or peripheral to their main tasks or functions as well as maintenance duties (subject to required skills) requiring some use of tools.

 

(ii)        An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award.

 

(iii)       The parties will not create barriers to advancement of employees within the Award structure or through access to training.

 

(iv)       The parties will accept in principle a new classification structure in which descriptions will be more broadly based and generic in nature.

 

(v)        The parties will co-operate in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.

 

(b)        Award Modernisation:

 

(i)         Both parties are committed to modernising the terms of this Award so that it provides for flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

(ii)        In conjunction with establishing the new Award structure, the parties are prepared to discuss all matters raised which will lead to increased flexibility.  As such any discussion must be premised on the understanding that:

 

(1)        The majority of employees and the employer at each enterprise must genuinely agree.

 

(2)        No employee will have their rate of pay reduced as a result of these changes.

 

(3)        The union must be a party to the agreement.

 

(4)        The union will not unreasonably oppose any agreement.

 

(5)        Agreements will be ratified by the Industrial Relations Commission of New South Wales.

 

(6)        The disputes procedure will apply if agreement cannot be reached in the implementation process or a particular issue.

 

7.  Junior Rates

 

Current rates are as set out in Appendix 1 - Minimum Award Wage Rates.

 

8.  Proportion of Juniors

 

Not more than one junior shall be employed in proportion to six or a fraction of six adults employed in the mill, engine room or store, and the employer shall have the right to place such juniors in the mill, engine room or store as they may require.  Provided that the provisions of this sub-cause shall not apply to any junior who is paid not less than the relevant rate prescribed for an adult.

 

9.  Special Rates

 

For current special rates see Appendix 2.

 

10.  Sunday and Holiday Rates

 

(a)        Work on a Holiday - Except as prescribed elsewhere in this clause, overtime rates in addition to ordinary rates shall be paid for all time worked on holidays.

 

(b)        Except as prescribed elsewhere in this clause three times the ordinary rate shall be paid for all time worked on Good Friday or Christmas Day (except where it is observed on a Monday).  Where gristing work is done in any flour mill on Good Friday or Christmas Day then five times the ordinary rate shall be paid.

 

(c)        Where Christmas Day is observed on a Monday, public holiday rates as prescribed in sub-clause (a) of this clause shall apply and holiday rates as prescribed in subclause (b) shall apply for all work done on 25 December.

 

(d)        Provided that where a night shift worker has worked their first shift for the week on Sunday night and the shift is changed to day or afternoon shift in a week in which Friday is a public holiday and as a consequence of the change of the employees' shifts they are rostered to work an extra shift during their ordinary hours compared to other shift workers in the mill whose shifts have not been changed, the employee shall be entitled to not work their ordinary shift, without loss of pay, on the working day immediately preceding such public holiday.

 

The following special provisions also apply to such an employee:-

 

(i)         Should the employee be required to work on the day off prescribed by this subclause the employee shall be paid for such work at the holiday penalty rate prescribed by this clause as though the employee had worked on the Friday public holiday.

 

(ii)        Should the employee be required to work on the Friday public holiday they shall be paid for such work at the overtime rate prescribed by clause 14, Overtime, in lieu of the penalty rate prescribed by this clause.

 

(e)        Work on a Sunday - When work is performed on a Sunday, double ordinary rates shall be paid.  This sub-clause shall not apply to work performed on a Sunday in accordance with subclause (d) of this clause or subclause 13(d).

 

(f)         By agreement between the employer and the majority of their employees concerned, the ordinary hours of a night shift may be worked to commence to earlier than 11.00 p.m. on the Sunday or a holiday in a week in which a holiday falls or is observed, without payment of penalty rates, in lieu of working a night shift which would run into the day on which a holiday falls or is observed in such week.

 

(g)        Where an overtime shift is worked to commence not earlier than 11.00 p.m. on a Sunday, for work performed between 11.00pm and midnight on such Sunday overtime rates only, as prescribed by clause 14,  Overtime, shall apply.

 

(h)        Employees required to work on Sunday or holidays shall be paid for a minimum of three hours' work.  This subclause shall not apply to ordinary hours of work performed on a Sunday or holiday in accordance with subclause (d) of this clause or subclause 13(d).

 

(i)         An employee working on a Sunday shall be allowed a crib time of twenty minutes without deduction of pay after each four hours of work, if the employee continues to work after such crib time.  Provided further that the employer and the employee may agree to any variation of the above crib time provisions to meet the circumstances of the work in hand which is not less favourable to the employee and which will not require the employer to pay in excess of twenty minutes at the appropriate rate for the prescribed crib time.  This subclause shall not apply to ordinary hours of work performed on a Sunday in accordance with subclause (d) of this clause or subclause 13(d).

 

(j)         In addition to the crib time allowed in accordance with subclause (i) of this clause, an employee shall be paid a meal allowance as set out in subclause (j) of Appendix 2 - Special Rates.

 

11.  Mixed Functions

 

Subject to the provisions of this clause an employee engaged for more than two hours of one day or shift on duties carrying a higher rate of wage than their ordinary classification shall be paid the higher rate for such day or shift.  If so employed for two hours or less of one day the employee shall be paid the higher rate for the time so worked.

 

Provided further where an employee is transferred, without having received at least one week's notice, to a grade of work carrying a lower minimum rate of wage than that at which they are usually employed, the employee shall be paid during such week the rate of wage they were receiving for the work usually performed by the employee.

 

12.  Hours - Day Work

 

Unless otherwise determined by agreement in accordance with Clause 38, Workplace Consultation, the following provisions shall apply:

 

(a)        Ordinary Hours of Work -

 

(i)         Except as provided elsewhere in this clause, ordinary working hours shall not exceed an average of 38 per week to be worked between 6.00 a.m. and 6.00 p.m., Monday to Friday on one of the following bases:-

 

(1)        38 hours within a work cycle of one week

 

(2)        76 hours within a work cycle of two weeks

 

(3)        114 hours within a work cycle of three weeks

 

(4)        152 hours within a work cycle of four weeks.

 

Different methods of implementation of a 38 hour week may apply to various groups or sections of employees in the establishment concerned.

 

(ii)        In the absence of agreement the ordinary working hours are not to exceed eight on any day.

 

(iii)       Where agreement exists between the employer and the employee or between the employer and the majority of employees concerned, the ordinary hours of work can be worked at any time on any day of the week, Saturday and Sunday inclusive.

 

(b)        Rate for Ordinary Hours on Saturday and Sunday - Ordinary hours of work performed on a Saturday shall be paid for at the rate of time and one half and on a Sunday at double time.

 

(c)        Meal break - A meal break shall be allowed for a minimum of half an hour or such other period as may be agreed upon between the employer and an employee or between the employer and the majority of employees concerned.  An employee shall not be required to work for more than five ordinary hours without a meal break unless otherwise agreed, provided that the time of taking a meal break for a particular day may be varied to meet the needs of the establishment.  If a meal break is not given within six hours an employee shall be paid at time and one half rates until a meal break is allowed.

 

(d)        Notice of rostered days off - In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off by written notice posted by the employer on the notice board.

 

(e)        Banking rostered days off - By agreement between the employer and an employee or between an employer and the majority of employees concerned, rostered days off may be accumulated (banked) and shall be entitled to be taken in a manner agreed upon between the employer and the employee.

 

(f)         Rostered day off not to coincide with holiday - In cases where, by virtue of the arrangement of the ordinary hours of work, the employee is entitled to a day off during the work cycle, the weekday to be taken off shall not coincide with a holiday fixed in accordance with clause 17, Public Holidays.

 

(g)        Substitute days:

 

(i)         The employer and an employee or the employer and the majority of employees concerned may by agreement substitute the day the employee or employees re to take off during a work cycle for another day.

 

(ii)        An apprentice who is required to attend trade school on a rostered day off shall be entitled to a substitute day as soon as practicable following the attendance at trade school.

 

(h)        Work on a Rostered Day off - Unless a rostered day off is substituted for another day off in accordance with subclause (e) or (g) work performed on the rostered day off will be paid in accordance with clause 14, Overtime.

 

13.  Hours - Shiftwork

 

Unless otherwise determined by agreement in accordance with clause 38, Workplace Consultation, the following provisions shall apply:-

 

(a)        Ordinary Hours of Work -

 

(i)         Except as elsewhere provided in this clause the ordinary working hours shall not exceed an average of thirty-eight hours per week.

 

Different methods of working shifts may apply to various groups or sections of employees in the establishment concerned.

 

(ii)        In the absence of agreement the ordinary working hours are not to exceed eight on any day.

 

(iii)       Where agreement exists between the employer and an employee or between the employer and the majority of employees concerned, the ordinary hours of work can be worked at any time on any day of the week, Saturday and Sunday inclusive.

 

(b)        Definitions -

 

(i)         "Day shift" means a shift worked in accordance with the terms of clause 12, Hours - Day Work, which forms part of a rostered shift system.

 

(ii)        "Afternoon shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

(iii)       "Night shift" means any shift finishing after midnight and at or before 8.00 a.m.

 

(iv)       "Rostered shift" means a shift of which the employee concerned has had at least 48 hours' notice.

 

(v)        "Continuous work" means work carried on with consecutive shifts of persons throughout the twenty-fours hours of each day of the week without interruptions except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

(c)        Payment for Ordinary Shifts -

 

(i)         Employees whilst actually engaged during ordinary hours on afternoon shift shall be paid an amount per shift as set out at subclause (p)(i) of Appendix 2 - Special Rates.

 

(ii)        Employees whilst actually engaged during ordinary hours on rotating night shifts shall be paid an amount per shift as set out at sub-clause (p)(ii) of Appendix 2 - Special Rates.

 

NOTE  - The shift work rates are fixed in relation to 1/5th of the weekly rate prescribed by Grade 4 of Classification No. 3, Feed Mill Operative, of subclause (a) of clause 5, Adult Weekly Rates, in the following manner:-

 

Afternoon shifts ……………………………..

19.73%

Night shifts (rotating)………………………..

24.56%

 

Calculated to the nearest 1 cent per shift.

 

(iii)       Provided that any employee instructed by their employer to change shifts during any week shall be paid an additional amount as set out in subclause (p)(iii) of Appendix 2 - Special Rates for each change but not for the change back again.

 

(iv)       When an employee is absent from work for the purpose of enjoying a credit day off as referred to in subclauses (d), (e), (f), (g) and (h) of clause 12, Hours - Day Work, then such employee shall be paid the shift allowance they would have received had the employee attended for duty on that day.

 

(d)        Rates for Ordinary Shifts on Saturday, Sunday and Holidays - Ordinary shifts, the major portion of which is worked on a Saturday, shall be paid for at time and one half and on a Sunday or holiday at double ordinary time.  Such extra rate shall be in substitution for shift allowances as prescribed in sub-clause (c) above.

 

(e)        Day Worker Changing to Shift Work - Where a day worker commences shift work at the instruction of the employer without seven days notice (or the reduced period of forty-eight hours notice where the transfer to shift work is necessitated by absenteeism) the employee shall be paid time and one half rates for all ordinary time worked until such required notice would have expired.  Such extra rate shall be in substitution for the shift allowance.

 

(f)         Change of Shift Rosters - Employees placed on the shift roster shall not have their roster changed by the employer without 48 hours' notice of such change or payment is made at time and one half rates for ordinary time worked until such 48 hours' notice would have expired.  Such extra rate shall be in substitution for the shift allowance.

 

(g)        Termination of Shift - A shift workers shall be given seven days' notice of the cessation of the shift work.  If such notice is not given the appropriate shift allowances set out in subclause (c) and (d) hereof shall apply to ordinary time worked until such seven days' notice would have expired.

 

(h)        Meal Breaks -

 

(i)         Employees employed in mills running two shifts shall be allowed 30 minutes for meals during each shift and no time shall be deducted for such meals except where a meal relief is granted on day shifts and the employees concerned are paid an additional amount per shift as set out in subclause (k) of Appendix 2 and in such cases not less than 30 minutes nor more than one hour shall be allowed for meals which shall not be counted as time worked.

 

(ii)        Employees employed in mills running three shifts shall be allowed 30 minutes for meals and no time shall be deducted for meals on any shift.

 

(i)         Notice of rostered shifts off - In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off by written notice posted by the employer on the notice board.

 

(j)         Banking of Rostered Shifts Off - By agreement between the employer and an employee, or between the employer and the majority of employees concerned, rostered shifts off may be accumulated (banked) and shall be entitled to be taken in a manner agreed upon between the employer and the employee.

 

(k)        Rostered Shifts off not to Coincide with Holidays -

 

(i)         In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered shift off during the work cycle, the shift to be taken off shall not coincide with a holiday fixed in accordance with clause 17, Public Holidays.

 

(ii)        Provided that, in the event that a public holiday is prescribed after an employee has been given notice of a rostered shift off in accordance with subclause (h) of this clause and the holiday falls on such shift the employer shall allow the employee to take an alternative shift off in lieu.

 

(iii)       An employee working continuous shift work who by the arrangement of ordinary hours of work is entitled to a rostered shift off which falls on a public holiday prescribed by clause 17, shall at the discretion of the employer, be paid for that day one-fifth the ordinary weekly rate of pay or have an additional day added to the annual leave entitlement.  This provision shall not apply when the holiday on which the employee is rostered off falls on a Saturday or Sunday.

 

(l)         Work on A Rostered Shift Off - Unless a rostered shift off is substituted for another shift off in accordance with subclauses (j) and (m) work performed on the rostered shift off will be paid in accordance with clause 14, Overtime.

 

(m)       Substitute Shift - The employer and an employee or the employer and the majority of employees concerned may by agreement substitute the shift an employee or the employees are to take off during a work cycle for another shift without the payment of penalty rates.

 

(n)        Daylight Saving - Notwithstanding anything contained elsewhere in this Award, in any area where, by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State the length of any shift:

 

(i)         Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, or

 

(ii)        Commencing on or before the time prescribed by such legislation for the termination of a summer time period,

 

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set at the time fixed pursuant to the relevant State legislation.

 

In this subclause the expression "standard time" and "summer time" shall bear the same meaning as prescribed by the relevant State legislation.

 

14.  Overtime

 

Unless otherwise determined by agreement in accordance with clause 38, Workplace Consultation, the following provisions shall apply:-

 

(a)       

 

(i)         All work done outside the ordinary hours of work shall be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter.  Provided that in respect of overtime worked on a Saturday payment shall be made at the appropriate overtime rate as for a minimum of three hours worked, except in the case of a shift worker continuing in overtime after having finished his/her ordinary hours of work on a Saturday.  In the computation of overtime each day or shift shall stand alone.

 

(ii)        An employee shall not be paid overtime for work on any day until the employee has worked the equivalent of his ordinary hours for the day.  This provision is intended to apply in circumstances where the employees are late for work or are unlawfully absent during the day.

 

(b)        Where, after having left their place of employment, an employee is recalled to work from their home, the employee shall be paid for at least three hours work at the appropriate rate, except where such recall occurs within one hour of the employee's normal commencement time.  In such case overtime rates shall apply until the normal commencement time and then ordinary rates shall be payable.

 

(c)        An employee who works so much overtime between the termination of the ordinary hours of work on one day or shift and the commencement of the ordinary hours of work on the next day or shift that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double ordinary rates until they are released from duty for such period, and the employee shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

The provisions of this sub-clause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

 

(i)         For the purpose of changing shift rosters; or

 

(ii)        Where a shift worker does not report for duty and a day worker or shift worker is required to replace such shift worker; or

 

(iii)       Where a shift is worked by arrangement between employees themselves.

 

(d)        Compulsory Overtime:

 

(i)         An employer may require an employee to work reasonable overtime at overtime rates and such an employee shall work overtime in accordance with such requirement.

 

(ii)        The organisation party to this Award shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this sub-clause.

 

(e)        Time Off In Lieu Of Overtime, Call Back, Sunday and Holiday Work - Subject to the following provisions, time off in lieu of payment of overtime, call back, Sunday and holiday work may be taken by an employee.  The amount of time off shall be calculated on the basis of the appropriate penalty rate.  This alternative to the payment of penalty rates shall only apply by agreement between the employer and the employee concerned.

 

(f)         Standing By - An employee required by the employer to hold himself or herself in readiness for call back to work shall be paid "stand by" time at ordinary Award rates of pay from the time the employee is required to so hold himself or herself in readiness until released by the employer from the requirement to "stand by".

 

(g)        Crib Times and Meal Allowances -

 

(i)         An employee required to work more than two hours overtime immediately before or immediately after their ordinary hours of work on any day or shift shall be allowed a crib time of twenty minutes, payable at ordinary rates, upon completion of two hours overtime; an employee required to continue to work overtime after their first crib time shall be allowed a further crib time of twenty minutes, payable at overtime rates, at the end of each further four hours of overtime worked, provided that an employee shall not be entitled to any particular crib time prescribed unless they are required to continue to work overtime after any such crib time.

 

(ii)        An employee required to return to the mill to work overtime shall be allowed a crib time of twenty minutes upon completion of each four hours overtime worked which shall be paid for at overtime rates, provided further an employee shall not be entitled to any particular crib time prescribed unless they are required to continue to work overtime after any such crib time.

 

(iii)       An employer and employee may agree to any variation of the above crib time provisions to meet the circumstances of the work in hand which is not less than favourable to the employee and which will not require the employer to pay in excess of twenty minutes at the appropriate rate for the prescribed crib time.

 

(iv)       In addition to the crib times allowed in accordance with this sub-clause the employee shall be paid an amount for meal allowance as set out at subclause (q) of Appendix 2 - Special Rates.

 

15.  Travelling

 

(a)        Employees shall be paid ordinary time when travelling to and from their work when employed away from mill premises to the extent that the time required to go to work and return exceeds the time reasonably taken to go to and from the employee's home to their work at the mill.  In the event of an employee being transferred by this employer from one mill to another mill, the employee shall be paid ordinary rates for the time occupied in travelling but not exceeding eight hours on any one day.

 

(b)        Where an employee works overtime and as a consequence their usual ordinary means of transport is not available, the employee shall be reimbursed any additional expenses incurred in reaching home by reasonable alternative means of transport.

 

(c)        An employee who by agreement with this employer uses their own vehicle on the employer's business shall be paid an allowance as set out in subclause (n) of Appendix 2 per kilometre travelled.

 

(d)        Where an employee is required by their employer to work at a place other than their usual place of employment and as a consequence is required to live away from the employee's usual place of residence, the employee shall be reimbursed by the employer any reasonable and additional out-of-pocket expenses incurred provided that the proposed mode of transport and accommodation have been previously agreed by the employer.

 

16.  Attendance at Certificate of Food Processing Training Course

 

(a)        An employee with the consent of the employer may attend training as part of a course to obtain a Certificate of Food Processing.  No deduction shall be made from the employee's wages for any time the employee is required to attend such course as required by the curriculum.  Where an employee's usual place of work and of residence are so situated as to require the employee to live away from home whilst attending the course the employee shall be reimbursed by their employer any reasonable additional travel and/or additional accommodation expenses incurred provided that the proposed mode of transport and accommodation have been previously agreed by the employer.

 

(b)        The scope and terms of this clause will be reviewed as part of the review of training and career paths in the Award.

 

17.  Public Holidays

 

(a)        An employee on weekly hiring shall be entitled to the following holidays and no deduction shall be made from their weekly wage for any such days not worked:  New Years Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queens Birthday; Union Picnic Day; Eight Hour Day or Labour Day; Christmas Day and Boxing Day.

 

Provided that for the purposes of this Award:

 

(i)         when Christmas Day falls on a Saturday or a Sunday, the following Monday shall be observed as Christmas Day.

 

(ii)        when Boxing Day falls on:

 

(a)        a Saturday, it shall be observed on the following Monday; or

 

(b)       a Sunday, it shall be observed on the following Tuesday; or

 

(c)        a Monday, it shall be observed on the following day, viz.: Tuesday;

 

(iii)       When New Years Day falls on a Saturday or on a Sunday, the following Monday shall be observed as New Years Day; and

 

(iv)       Where in accordance with paragraph (iii) or paragraph (iv) of this sub-clause the observance of Boxing Day or New Years Day is transferred from the Saturday or Sunday on which it falls by the calendar, the said Saturday or Sunday shall be deemed not be a holiday for the purposes of this clause; but where in accordance with paragraph (i) of this subclause it is Christmas Day which so falls on a Saturday or Sunday and its observance is transferred to the following Monday, the said Saturday or Sunday on which Christmas Day falls by the calendar, shall be deemed to be an award holiday, and any work performed thereon shall be paid for pursuant to sub-clause (b) of clause 12, Hours - Daywork.

 

Provided that each such holiday shall be of the 24 hours and shall commence on the day of the holiday at 7.00 a.m. or whatever is the normal time of starting the day shift at each mill and shall end at the same time on the following day.  Time worked between midnight and such normal starting time on the day of the holiday shall not be paid at holiday penalty rates.

 

Provided that in an establishment whose night shift workers commence the first night shift of the week on Sunday nights each such holiday during any such week shall be of 24 hours and shall commence at the beginning of the night shift prior to the holiday and shall end at the same time and the following day.

 

(b)        In localities where Eight Hour Day and/or Picnic Day is/are not observed, a day or days in lieu thereof shall be granted to all employees, such days or days to be mutually arranged between an employer concerned and their employees.

 

(c)        In the case of any employee who, through no fault of their own, is discharged within two weeks before any holiday or holidays and re-engaged within one week after such holiday or holidays, or is discharged within one week before any holiday or holidays and re-engaged within two weeks after such holiday or holidays, such employee shall be entitled to payment for such holiday or holidays.

 

(d)        Employees shall be entitled to three days' notice at least, if they are to be required to work on any holiday.

 

(e)        Where an employee is absent from their employment on the working day before or the working day after a holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

 

(f)         Rostered Day Off Falling on Public Holiday - In the case of an employee whose ordinary hours of work are arranged in accordance with subclauses 12 (i), (ii) or (iii) of this Award the weekday to be taken off shall not coincide with a public holiday fixed in accordance with this clause.  Provided that, in the event that a public holiday is prescribed after an employee has been given notice of a weekday off in accordance with subclause (d) of clause 12 of this Award and the public holiday falls on such weekday the employer shall allow the employee to take a day off in lieu on an alternative week day.

 

18.  Annual Leave

 

(i)         Employees other than seven-day shift workers, see Annual Holidays Act, 1944.

 

(ii)        In addition to the leave provided for by subclause (i) of this clause, seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed one additional week's leave; provided that if during the year of employment an employee has served for only a portion of it as a seven day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker.  In this subclause reference to one week and one day shall include holidays and non-working days.

 

19.  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 their annual holiday, or where by agreement between the employer and the 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 their 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 period of holiday given and taken and due to the employee under the Act and this Award.

 

(iv)       The loading is calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this Award, or, where such holiday is given and taken in separate periods, then in relation to each separate 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, stated in subclause (iv) at the rate per week of 20% 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 their annual holiday, but shall not include allowances, penalty rates, shift allowances, overtime or any other payments prescribed by 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 such an employee continues until the day when they would have become entitled under the Act to such a holiday and is to be calculated in accordance with subclause (v) of this clause applying the Award rates of wages payable on that day.  This subclause applies where an annual holiday has been taken wholly or in part in advance.

 

(vii)      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purposes of giving an annual holiday or leave without pay to the employees concerned: 

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (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 them under the Act, such proportion of the loading that would have been payable to him under this clause if the employee had become entitled to an annual holiday prior to the close-down as his qualifying period of employment in completed weeks bears to 52.

 

(viii)    

 

(a)        Where the employment of an employee is terminated by their 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 the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (iv) for the period not taken.

 

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

 

(ix)       This clause extends to an employee who is given and taken an annual holiday and who would have worked as a shift worker if the employee not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the time period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

20.  Sick Leave

 

Unless otherwise determined by agreement in accordance with clause 38, Workplace Consultation, the following provisions shall apply:

 

(a)        Eligibility for Paid Sick Leave - A weekly employee, having had at least three months' service with the same employer, shall be entitled to paid sick leave when absent from duty as a result of personal illness or accident (other than an accident for which the employee is entitled to workers' compensation) subject to the following conditions:

 

(i)         Notice of absence - An employee shall inform their employer of inability to attend for duty due to personal illness or accident not later than one hour prior to the commencement of the ordinary hours of the first day or shift of his absence.  Provided that where an employee gives the employer a satisfactory explanation for his late notification, the employee may notify the employer during the first day or shift of the absence, but not later.

 

(ii)        Proof of reason for absence - An employee shall prove to the satisfaction of the employer that their non-attendance was due to personal ill health necessitating such absence and was not caused by intemperance.

 

In the case of single day absences the employer may require an employee to make a statutory declaration verifying the cause of his absence.

 

(b)        Common Sick Leave Year

 

(i)         Each establishment shall have a Common Sick Leave Year for all its employees.

 

(ii)        An establishment's Common Sick Leave Year shall be the 12 month period which coincides with its Accounting Period for the purposes of the Income Tax Assessment Act.

 

(c)        Amount of Sick Leave

 

(i)         After three months service with the same employer an employee shall be entitled to 3.17 hours sick leave for each completed month of service rendered during their first year of employment.

 

(ii)        After 12 months' service with the same employer an employee shall be entitled to 5.06 hours sick leave for each completed month of service from the end of their first twelve months of employment until the beginning of the establishment's next Common Sick Leave Year.

 

(iii)       Each employee not covered by paragraph (i) or (ii) of this subclause shall be entitled to 60.8 hours sick leave at the beginning of an established Common Sick Leave Year.

 

(d)        Accumulation of Untaken Sick Leave - If an employee has not taken any part of an entitlement to sick leave prescribed by subclause (c) the untaken portion shall, subject to subclause (e), accumulate from year to year.

 

(e)        Order in Which Sick Leave Shall be Taken - Where an employee is eligible to the payment of sick leave under subclause (a) it shall be granted to the employee from the available sources in the following order:

 

(1)        From the current year's sick leave entitlement;

 

(2)        From accrued entitlements.

 

21.  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 20, 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 sub-clause 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 too that person;  or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee;  or

 

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

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

(1)        "relative" means a person related by blood, marriage or affinity;

 

(2)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other;  and

 

(3)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off In Lieu of Payment for Overtime -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-Up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

22.  Accident Pay

 

(a)        An employer shall pay and a weekly employee shall be entitled to receive accident pay in accordance with this clause.

 

(b)        "Accident Pay" means a weekly payment of an amount being the difference between the weekly amount of compensation paid to an employee pursuant to the relevant Workers' Compensation Act in the state in which the employee may be employed, and the weekly Award rate to which such employee is entitled in the classification under which the employee is employed at the date of injury; or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said Award rate for that period.

 

(c)        An employer shall pay their employee accident pay where the employee receives an injury for which compensation is payable by or on behalf of the employer pursuant to the provisions of the said Act.

 

(d)        An employer shall pay, or cause to be paid, accident pay during the incapacity of the employee within the meaning of the said Act until such incapacity ceases or until the expiration of a period of 39 weeks from the date of injury, which ever event shall occur first.

 

(e)        The termination of the employee's employment for any reason during the period of any incapacity shall in no way effect the liability of the employer to pay accident pay as hereinbefore provided.

 

(f)         An employee shall not be entitled to any payment under this clause in respect of any period of paid annual leave or long service or for any paid public holiday.

 

(g)        In the event that an employee receives a lump sum in redemption of weekly payment under the said Act, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

 

(h)        Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the said Act, the employee shall be liable to repay their employer the amount of accident pay which the employer has paid under this clause, and the employee shall not be entitled to any further accident pay in respect of that injury.

 

(i)         This clause shall not apply to any injury occurring during the first two weeks of the employment of an employee with any individual employer.

 

23.  Bereavement Leave

 

(i)         A weekly employee shall be entitled on notice to bereavement leave, up to and including the day of the funeral, without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days' work on each occasion of the death of a person prescribed in subclause (iii) below.

 

(ii)        The employee shall provide proof of death to the satisfaction of the employer, if required by the employer.

 

(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 in subclause (1)(c)(ii) of clause 21 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)        An employee shall be entitled to bereavement leave under this clause in the event of the death outside Australia of a person prescribed in sub-clause (iii) above, if the employee goes overseas to attend the funeral.

 

(vi)       Bereavement leave may be taken in conjunction with other leave available under subclauses 1(a), 2, 3, 4, 5 and 6 of clause 21, Personal/Carer's Leave.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vii)      Death Outside Australia - Service Locally - Where any of the relatives nominated in subclause (iii) dies outside Australia and a weekly employee does not travel outside Australia to attend the funeral/service, such employee shall be entitled to leave not exceeding the number of hours worked by the employee on one ordinary day's work for the purpose of attending a local service for the deceased.  Evidence of the death and evidence of attendance at the service shall be furnished by the employee to the satisfaction of the employer.

 

24.  Jury Service

 

An employee 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 the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

 

An employee shall notify the company as soon as possible of the date upon which they are required to attend for jury service.  Further, the employee shall give their employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

25.  Safety Precautions

 

As a safety precaution in mills, not less than two persons shall be on duty at any one time in the processing and packing of mill products.

 

26.  First-Aid Attendant

 

In the mills where an employer has appointed an employee who holds a certificate issued by St. Johns Ambulance or some other similar body as a first-aid attendant, an additional amount as set out in subclause (1) of Appendix 2 for each week in which three days or more have been worked shall be paid to such employee and such amount shall be payable in addition to any amount paid for Annual Leave, Sick Leave and Public Holidays provided that this allowance shall not be subject to any premium or penalty additions.  Provided that nothing in this sub-clause shall be taken as meaning that an employer shall be required to make such an appointment.

 

27.  Fire Officer

 

An employer may appoint a properly trained employee as a fire officer, and such an employee shall be paid an additional amount per week as set out in subclause (o) of Appendix 2 for each week in which three days or more have been worked and such payment shall be payable in addition to any amount paid for Annual Leave, Sick Leave and Public Holidays provided that this allowance shall not be subject to any premium or penalty additions.  Provided that nothing in this sub-clause shall be taken as meaning that an employer shall be required to make such an appointment.

 

Before an employee can be appointed a fire officer in accordance with this clause the employee must be properly qualified for the appointment through the completion of a training programme conducted by local fire fighting authorities.  The training required by this clause should include the following matters:

 

(i)         emergency fire procedures and evacuation action;

 

(ii)        factors necessary for combustion;

 

(iii)       classification of fires;

 

(iv)       causes of fires;

 

(v)        fire prevention requirements;

 

(vi)       portable fire equipment - identification, uses and method of operation;

 

(vii)      fire exit drill;

 

(viii)     elementary first-aid for fire or smoke inhalation victims.

 

28.  Supply of Overalls, Tools, Etc

 

(a)        Employees in flour or provender mills shall be supplied by the employer with two pairs of overalls or other acceptable clothing mutually agreed between the employees and employer concerned or at the discretion of the employer shall be paid an allowance per week as set out in subclause (m) of Appendix 2 in lieu; employees whilst at work shall regularly wear the clothing supplied or paid for by the employer; "worn out" overalls supplied by the employer shall be replaced by the employer free of charge to the employee when an employer is satisfied that the overalls are worn out and upon them being returned to the employer.  The clothing supplied by the employer shall remain the property of the employer and upon termination of the employment deduction from any payments then due to the employee may be made by the employer or the cost of the clothing not returned in good order and condition, fair wear and tear excepted.

 

(b)        Where a millwright, fitter or joiner provides and maintains a full kit of all necessary hand tools required for the performance of their work they shall be paid a tool allowance per week as set out in subclause (m) of Appendix 2.

 

(c)        Suitable shoulder covers shall be supplied to employees engaged in the stacking or loading of mill products.  Such shoulder covers shall remain the property of the employer and shall be returned to the employer on demand, provided that if not so returned the employer may deduct the cost of same from any wages due to the employee.

 

(d)        In provender mills an employee engaged in handling dyes in the manufacture of products shall be issued with a face mask, gloves and protective clothing or apron.

 

(e)        An employee whose clothes may be stained or otherwise damaged by handling branded bags shall upon request be supplied with a protective apron and shoulder pad by the employer.

 

(f)         Where an employee is engaged in the handling and use of pesticides within the mill or mill area the employer shall supply, and the employee shall wear, appropriate protective clothing.  An employee whilst so engaged shall be paid an allowance per hour in subclause (m) of Appendix 2.

 

Where an employee is so engaged they shall be entitled, upon request, to an appropriate medical examination at the employer's expense not more than once in every twelve months.  A copy of the medical report resulting from the examination shall be made available to both the employer and the employee concerned.

 

(g)        Not later than six weeks after the commencement of employment an employer shall supply to a weekly employee, upon request, safety footwear free of charge; such footwear shall remain the property of the employer, but it shall be a condition of the employment that the employee shall wear such safety footwear at all times whilst at work.  "Worn out" safety footwear shall be replaced by the employer free of charge to the employee when an employer is satisfied that the safety footwear is worn out and upon the footwear being returned to the employer.  On termination of the employment the employee shall upon request return the safety footwear issued to them in good order and condition, fair wear and tear excepted.

 

29.  Payment of Wages

 

Unless otherwise determined by agreement in accordance with Clause 38, Workplace Consultation, the following provision shall apply:

 

(a)       

 

(i)         Employee Who Actually Works 38 Ordinary Hours Each Week- In the case of an employee whose ordinary hours of work are arranged so that the employee works 38 ordinary hours each week, wages shall be paid weekly according to the actual ordinary hours worked each week.

 

(ii)        Employee who Works an Average of 38-Hours Each Week - Subject to subclauses (c) and (d) hereof, in the case of an employee whose ordinary hours of work are arranged so that he/she works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

 

(b)        Absences from Duty -

 

(i)         An employee who works an average of 38 ordinary hours each week and is absent from duty (other than for public holidays, paid sick leave, bereavement leave or jury service) shall, for each day he/she is so absent, lose average pay for that day calculated by dividing his average weekly wage rate by five.

 

(ii)        When an employee is absent from duty for a whole day (other than for public holidays, paid sick leave, bereavement leave or jury service) the employee will not accrue a 'credit' because the employee would not have worked ordinary hours that day in excess of seven hours 36 minutes for which the employee would otherwise have been paid.  Consequently, during the week of the work cycle in which the employee is to work less than 38 ordinary hours the employee will not be entitled to average pay for that week.  In that week, the average pay will not be entitled to average pay for that week.  In that week, the average pay will be reduced by the amount of 'credit' the employee does not accrue for each whole day during the week cycle the employee is absent.

 

The amount by which an employee's average weekly pay will be reduced when the employee is absent from duty (other than on public holidays, paid sick leave, bereavement leave or jury service) is to be calculated as follows:-

 

Total of "credits" not accrued during cycle   X  average weekly pay

38

 

(c)        Wages shall be paid at each establishment on either a weekly, fortnightly or four weekly basis and on the weekday in that period as agreed between the employer and the majority of employees.

 

(d)        Day Off Coinciding With Pay Day - In the event that an employee, by virtue of the arrangement of their ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day.

 

(e)        An employee kept waiting for wages paid in cash on pay day for more than 15 minutes after the usual time for ceasing work shall be paid at overtime rates after that 15 minutes for the time spent waiting.

 

(f)         Termination of Employment - Upon termination of the employment wages due to an employee shall be paid at the end of the final shift.

 

In the case of an employee who is paid average pay and who has not taken a rostered day off due to the employee during the work cycle in which the employment is terminated, the wages due to that employee shall include the total of credits accrued during the work cycle.  Where the employee has taken a day off during the work cycle in which the employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.

 

(g)        Method of Payment

 

(i)         Subject to paragraph (ii), an employer shall pay an employee's wages in cash.

 

(ii)        Payment of cheque or electronic transfer

 

Where an employer and employee agree, the employee may be paid wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account.  Where the majority of employees at an establishment are paid by one of these alternative methods, the employer is entitled to pay all employees in a like manner.

 

At an establishment where one of these alternative methods of payment of wages has been introduced new employees will be advised that payment of wages by cheque or by direct transfer will apply from the commencement of employment and an authority to do so will be obtained from the employee at the time of commencing employment.

 

30.  Time and Wages Book

 

Each employer shall keep a time and wages book containing the name of each employee and their occupation, the hours worked each day and wages and allowances paid each week.

 

The time and wages book shall be open for inspection by a duly-accredited official of the Union during office hours between 9.00 a.m. and 5.00 p.m. Monday to Friday inclusive.

 

31.  Amenities and Safety

 

(i)         Boiling Water - Employers shall provide boiling water for employees at meal times.

 

(ii)        Drinking Water - Employers shall provide for the use of employees a sufficient supply of wholesome, cool drinking water from bubble taps or other suitable drinking fountains.

 

(iii)       First-aid Outfit - In each mill the employer shall provide and continuously maintain at a place reasonably accessible to all employees an efficient First-aid outfit.

 

(iv)       Lockers - The employer shall at some reasonably convenient place on their premises provide a suitable locker for each employee.

 

(v)        Showers - Employers shall provide hot and cold showers.

 

(vi)       Washing and Sanitary Conveniences - Employers shall provide proper and sufficient washing and sanitary conveniences.

 

(vii)      Dining Room Accommodation - Employers shall provide suitable dining room accommodation which shall be equipped with a food-heating appliance and a refrigerator.

 

32.  Notice Boards

 

The employer shall make facilities available in a prominent position in their establishment upon which representatives of the Union shall be allowed to post notices.  Any notice so posted shall be signed by the Secretary or the President of the State Branch of the Union provided, that any such notice does not direct, suggest or incite any breach of this Award or of the Industrial Relations Act 1996, or any disobedience to or disrespect of the lawful authority of the employer.

 

33.  Existing Conditions

 

This Award is based on existing customs and conditions in the industry not altered by the provisions of this Award.

 

34.  Copy of Award, Etc.

 

At each flour and provender mill the employer shall supply to the union's shop steward, or nominee of the Union, a copy of this Award and all subsequent variations thereto, for perusal, on request by a member of the union, during a non-working period at the mill.  Such Award and all variations thereto shall remain the property of the employer and without the approval of the employer shall not be removed from the mill precincts.  Upon request to the shop steward, or nominee of the Union, to whom the Award and all subsequent variations thereto, have been supplied, shall be handed over to any other person nominated in their place by the Union.  For the purpose of this clause the words "the Award and all subsequent variations thereto" shall also be included to mean a privately printed copy of the Award with replacement pages thereof approved by the Union.

 

An employee, upon request to the employer, shall be supplied, not more than once in each year of service, with a statement as to their accrued untaken sick leave, annual leave or long service leave entitlements as to a particular date determined by the employer in the current year of service of the employee.

 

35.  Aged Or Infirm Workers

 

Refer to Section 125 of the Industrial Relations Act 1996.

 

36.  Redundancy

 

(i)         Application -

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

(b)        This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(c)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(d)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(ii)        Introduction of Change -

 

(a)        Employer's Duty to Notify

 

(1)        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.

 

(2)        `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

 

(1)        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) above, 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.

 

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

 

(3)        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 -

 

(a)        Discussions Before Terminations -

 

(1)        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 (1) of paragraph (a) of subclause (ii) above, 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.

 

(2)        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 (1) of this subclause 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.

 

(3)        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 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 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 (ii)(a)(1) above.

 

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

 

(i)         Where the employee is below the age of 45 years at the time on which such notice is given - one week for each completed year of employment; or

 

(ii)        Where an employee is 45 years of age or more at the date on which such notice is given - one week fore each completed eight months of employment.

 

Provided that in each case the period of notice required to be given to an employee under this clause, or payment in lieu thereof, shall not exceed 14 weeks.  Provided further that an employee to whom such notice has been given may, by giving at least one week's notice to the employer, or forfeiting one week's wage in lieu thereof, terminate their own employment during the above period of notice; such employee shall not thereby forfeit his entitlement to payments prescribed by subclause (c) of this clause, but no payment shall otherwise be made for the period of notice subsequently not served by the employee.

 

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

 

(b)        Notice for Technological Change - This sub-clause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above:

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(2)        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.

 

(3)        The period of notice required by this sub-clause 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 -

 

(1)        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.

 

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

 

(d)        Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(f)        Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

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

 

(h)       Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay -

 

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

 

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

 

Under 45 Years of Age

Years of Service 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

 

(2)        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

 

 

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

 

(3)        "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, overaward payments, shift penalties and allowances provided for in the relevant award.

 

(b)        Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.

 

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (i) above will have on the employer.

 

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

 

(vi)       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.

 

37.  Long Service Leave

 

See Long Service Leave Act 1955.

 

38.  Workplace Consultation

 

The development of effective participative/consultative practices is important in the process of Award Restructuring and can lead to advantages for both employers and employees.  It is therefore recommended that participative/consultative mechanisms at the enterprise level be implemented.

 

(i)         Consultative Mechanisms/Practices shall be implemented within each enterprise where agreement exists between employers and employees.

 

(ii)        The form, structure and method of implementing Consultative Mechanisms/Practices shall be determined at the enterprise level through negotiation between the employer, employees and, where either party deems it appropriate, the Union.  The Union shall where involved be represented in the consultative process by shop stewards.

 

(iii)       The Union agrees that at enterprises where Consultative Mechanisms/Practices are in place the parties may, by agreement, vary the application of designated Award conditions referred to in this Award.  The Union shall be party to the ratification of any agreement but shall not unreasonably withhold such agreement where the employees genuinely agree.

 

(iv)       Where an enterprise does not have in place agreed consultative Mechanisms/Practices current Award provisions will apply unless otherwise varied in accordance with the Award Modernisation provisions of clause 6, Undertakings.

 

(v)        The Union reserves the right to advise its members as it deems appropriate on Award issue under discussion.

 

The process of consultative practices is a mechanism through which employees can be involved in and positively contribute towards management’s decision making process.  All decisions are encouraged to be reached through Consultative Mechanism/Practices however, managerial prerogative is acknowledged.

 

In circumstances where agreement cannot be reached, parties can exercise their rights pursuant to the Disputes Procedure.

 

39.  Enterprise Arrangements

 

(1)       

 

(a)        As part of the Structural Efficiency exercise and as an ongoing process for improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process.

 

(b)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award/agreement to the extent that they are contrary provided that:

 

(i)         A majority of employees affected genuinely agree;

 

(ii)        Such agreement is consistent with the current State Wage Case principles.

 

(c)       

 

(i)         Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (2), details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.  A union or an employer association may within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements, including the reasons for such objections.

 

(ii)        When an objection is raised, the parties are to confer in an effort to resolve the issue.

 

Procedures to be followed -

 

(2)        Such enterprise arrangements shall be processed as follows:

 

(a)        All employees will be provided with the current prescriptions (e.g. award, industrial agreement or enterprise arrangement) that apply at the place of work.

 

(b)       

 

(i)         Where an arrangement is agreed between the employer and the employees, or their authorised representative at the enterprise, such arrangement shall be committed to writing.

 

Where the arrangement is agreed between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

 

(ii)        The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

 

(c)        The arrangement shall be signed by the employer, or the employer's duly authorised representative, and the employees, or their authorised representative with whom agreement was reached.

 

(d)        Where an arrangement is objected to in accordance with subparagraph (i) of paragraph (c) of subclause (1), and the objection is not resolved, an employer may make application to the Industrial Relations Commission of New South Wales to vary the award to give effect to the arrangement.

 

(e)        The union and/or employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.

 

(f)         If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission of New South Wales to have the arrangement approved and the award varied in the manner specified in paragraph (g).

 

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

 

(g)        Where an arrangement is approved by the Industrial Relations Commission of New South Wales and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt, and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions), shall be set out in a schedule to the award.

 

(h)        Such arrangement, when approved, shall be displayed on a notice board at each enterprise affected.

 

(i)         No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as a result of any award changes made as part of the implementation of the arrangement.

 

40.  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 in the workplace.  This includes 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 necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

41.  Superannuation

 

(a)        Definitions -

 

(i)         "Fund".  In this clause all reference to "Fund" shall mean the Milling and Associated Industries Superannuation Fund (the MAIS Fund) at sites providing Occupational Superannuation prior to 1 July 1991; or, the Labour Union Co-operative Retirement Fund (LUCRF) at sites introducing Occupational Superannuation on or after 1 July 1991.

 

(ii)        "Ordinary Time Earnings".  In this clause the term "Ordinary Time Earnings" shall mean the Award classification rate including supplementary payments where relevant, over-award payments and shiftwork loadings.

 

(iii)       "Approved Superannuation Scheme".  For the purpose of this clause, "Approved Superannuation Scheme", means a scheme approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.

 

(b)        Employer Contributions -

 

(i)         In addition to other payments provided for under this Award, the employer shall make a superannuation contribution to the Fund on behalf of eligible employees, of an amount equivalent to 3% of the employee's ordinary time earnings.

 

(ii)        Payment shall be made on a monthly basis and cover pay periods completed in that time.

 

(iii)       The majority of employees in an establishment will determine the appropriate fund for that establishment prior to 1 July 1991 after which time the LUCRF shall be the only fund.

 

(c)        Eligibility -

 

(i)         Employers shall only be required to make contributions in accordance with this clause in respect of employees who have been employed by the employer continuously for a period of three months.

 

(ii)        Contributions for casual employees will be made at the end of each calendar month, calculated at 3% of all earnings during the month.  Provided that if a casual employee's hours are less than 12.5 hours in any week, the employer shall not be required to make any contribution.

 

(iii)       Employees who become eligible to join the Fund shall, in addition to contributions under sub-clause (b) hereof be entitled to a once only contribution by the employer to the Fund, in respect of the qualifying period.  Such contributions shall be equivalent to contributions under sub-clause (b) hereof.

 

(d)        Employer's Contribution During Leave Without Pay - Where any employee is absent on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee during and in respect of the period of unpaid absence.

 

(e)        Employee Contributions -

 

(i)         Employees who wish to make contributions to the Fund additional to those being paid by the employer, pursuant to subclause (b) hereof shall be entitled to authorised the employer to pay into the Fund from the employee's wages amounts specified by the employee.

 

(ii)        Employee contributions to the fund requested under this sub-clause shall be made in accordance with the rules of the Fund.

 

(f)         Cessation of Contributions - The obligation of the employer to contribute to the Fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

 

(g)        Employee's Failure To Participate In Fund - Where an employee has failed to make application to participate in the Fund, the employer shall make application to participate in the Fund and upon acceptance by the Trustees shall make a once only contribution to the Fund in respect of each eligible employee equivalent to the contributions which would have been payable under this clause, had the employee made application to participate in the Fund and had been accepted by the Trustees prior to 1 July 1991.

 

(h)        Fund Membership -

 

(i)         An employer shall, within fourteen days of an employee becoming eligible for contributions as described in subclause (c) hereof, inform each eligible employee of the availability of superannuation entitlements, and offer such employee the opportunity to join the Fund.

 

(ii)        Such offer shall be made in writing by the employer, and shall, if not accepted, be rejected in writing by the employee.  Contributions by the employer shall only begin from the date when the employee applied to join the Fund.

 

(iii)       Where an employee after being made aware of the superannuation entitlement by the employer refuses to become a member of the Fund the employer shall not make application in accordance with subclause (c) hereof.

 

(i)         Exclusions

 

(i)         Any employer making a 3% contribution (or more) to an approved superannuation scheme for employees under this Award prior to 1 August 1991 is automatically excluded from the provisions in this clause.

 

(ii)        Other than as provided in paragraph (i) hereof, no respondent shall be excluded from the operation of this clause on the basis of existing voluntary superannuation arrangements.

 

(j)         Standards of Proof - Where doubt exists as to whether contributions were made in accordance with sub-clause (i) prior to 1 August 1991 the provisions of the Statutory Declaration by the employer shall be deemed as prima facie evidence of the date of operation of the contributions.

 

(k)        Exemption - An individual employer, other than an employer covered by sub-clause (i), may make application to the Industrial Relations Commission of New South Wales for exemption from the requirement to pay contributions to the Fund pursuant to this clause.

 

The Commission may grant such an exemption having regard to the following procedures and circumstances:-

 

(i)         Provided that leave is reserved to any employer to apply for exemption from this clause on the grounds of the standards of existing arrangements provided by the employer as at 1 July 1991 or the employer's financial capacity to pay.

 

(ii)        It is further provided that in circumstances where the union is concerned about a fund established on or after the commencement date of this clause, it may challenge the suitability of that fund within six months of the date of operation of this clause before the Commission.  In the event of dispute between the parties in the application of this exemption clause, the matter shall be referred to the Commission for resolution.  During the period required to obtain such a resolution, work shall continue as normal.

 

(NOTATION:  Employees covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act 1992 (Cth.) and the Superannuation Guarantee (Administration) Act 1992 (Cth.) and complimentary legislation.  Nothing in this notation, however, shall be used to reduce any benefits enjoyed by employees as at the date of making this award.)

 

42.  Area, Incidence and Duration

 

(a)        This Award shall apply to all persons engaged or employed (in the manufacture from linseed cake, linseed meal or other substances of food or licks for cattle, dogs, poultry, and other animals and/or in the crushing, grinding, preparing or handling of such food or licks in the State excluding the County of Yancowinna) within the jurisdiction of the Animal Feed Manufacturing (State) Industrial Committee.

 

(b)        This award is made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Animal Food Makers, &c. (State) Award published 12 November 1999 (312 I.G. 29) and all variations thereof.

 

(c)        The award published 12 November 1999 took effect from the beginning of the first pay period to commence on or after 27 April 1998 and the variations incorporated therein on the dates set out in the attached Schedule A.

 

(d)        The changes made to the Award pursuant to the Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) are set out in the attached Schedule B and take effect on 13 February 2001.

 

(e)        This Award remains in force until varied or rescinded, the period for which it was made being already expired.

 

SCHEDULE A

 

Awards and Variations Incorporated

 

 

 

Clause

Award/

Variation

Serial No.

Date of

Publication

Date of taking

Effect

Industrial

Gazette

 

 

 

 

 

Vol.

Page

Award

B6531

12 November 1999

First Pay Period From:

27 April 1998

312

29

4, Appendix 1,

Appendix 2

B6882

25 June 1999

First Pay Period From:

2 October 1998

309

943

4, Appendix 1,

Appendix 2

B8533

20 April 2000

First Pay Period From:

2 October 1999

315

11

 

SCHEDULE B

 

Changes Made on Review

 

Date of Effect: 13 February 2001

 

(1) Provisions Modified

 

ANIMAL FOOD MAKERS &c. (STATE) AWARD

 

 

CLAUSE

Previous Form of Clause

Last Published at:

 

I.G. Vol.

Page

AWARD: Animal Food Makers &c. (State) Award

 

 

2

312

29

3

312

29

4

315

11

5

312

29

6

312

29

7

312

29

8

312

29

9

312

29

10

312

29

11

312

29

12

312

29

13

312

29

14

312

29

15

312

29

16

312

29

17

312

29

18

312

29

19

312

29

20

312

29

21

312

29

22

312

29

23

312

29

24

312

29

25

312

29

26

312

29

27

312

29

28

312

29

29

312

29

30

312

29

31

312

29

32

312

29

33

312

29

34

312

29

35

312

29

36

312

29

37

312

29

38

312

29

39

312

29

40

312

29

41

312

29

42

312

29

Appendix 1

315

11

Appendix 2

315

11

Appendix 3

312

29

Appendix 4

312

29

 

(2) Provisions Removed

 

AWARD

CLAUSE

PREVIOUS FORM OF CLAUSE

LAST PUBLISHED AT:

 

 

I.G. VOL.

PAGE

Animal Food Makers &c. (State) Award

 

6

 

312

 

29

 

APPENDIX 1 - MINIMUM AWARD WAGE RATES

 

ADULT WEEKLY RATES (CLAUSE 5)

 

 

A.        1.          FEED MILLER IN CHARGE OF SHIFT

 

Table 1

 

 

Former Award Wage Rate

Minimum Award Wage Rate

Feed Miller in Charge

Per Week

Per Week

of Shift

$

$

 

2 October 1999

2 October 2000

1.          Not exceeding 2 tonnes of

 

 

             provender per hour

432.60

447.60

2.          Exceeding 2 tonnes but not

 

 

             exceeding 6 tonnes of provender

 

 

             per hour

439.10

454.10

3.          Exceeding 6 tonnes but not

 

 

             exceeding 12 tonnes of provender

 

 

             per hour

445.90

460.90

4.          Exceeding 12 tonnes but not

 

 

             exceeding 18 tonnes of provender

 

 

             per hour

452.50

467.50

5.          Exceeding 18 tonnes but not

 

 

             exceeding 28 tonnes of provender

 

 

             per hour

460.50

475.50

6.          Exceeding 28 tonnes but not

 

 

             exceeding 40 tonnes of provender

 

 

             per hour

468.50

483.50

7.          Exceeding 40 tonnes but not

 

 

             exceeding 60 tonnes of provender

 

 

             per hour

477.00

492.00

8.          Exceeding 60 tonnes of

 

 

             provender per hour

486.00

501.00

 

2.          Foreman Feed Miller - Shall be paid not less than $27.40 per week above the relevant rate prescribed by classification 1 hereof.

 

3.          Feed Mill Operative

 

Table 2

 

 

Feed Mill Operative

Former Award Wage Rate

(Per Week)

$

2 October 1999

Minimum Award Wage Rate

(Per Week)

$

2 October 2000

Grade 5

408.40

423.40

Grade 4

414.20

429.20

Grade 3

420.90

435.90

Grade 2

427.60

442.60

Grade 1

434.10

449.10

Premix Blender

420.90

435.90

 

B.         GENERAL

 

Table 3

 

 

Former Award

Minimum Award

General

Wage Rate

Wage Rate

 

(Per Week)

(Per Week)

 

June 1999 SWC

May 2000 SWC

 

$

$

 

2 October 1999

2 October 2000

 1.         Millwright

449.00

464.00

 2.         General Repairer not Millwright

 

 

 

418.90

433.90

 3.         Head Millwright

466.60

481.60

 4.         Binsman

414.20

429.20

 5.         Grain Sampler

401.10

416.10

 6.         Head Storeperson

425.00

440.00

 7.         Storeperson/Storehand / Siloperson

395.40

410.40

 8.         Packerman/Packer/Stacker

403.30

418.30

 9.         Head Siloperson/Head Intake

410.00

425.00

10.        Head Millhand

410.00

425.00

11.        Millhand

386.00

401.00

12. (i)   Driver of engines, whether the motive

 

 

             be steam or any other motive power

 

 

             other than manual power:

 

 

            

425.60

440.60

              (b)       Without condenser

415.60

430.60

 

 

 

(ii)        Driver of suction gas or other internal

 

 

             combustion engines:

 

 

              (a)       If 50 b.h.p. or over

415.60

430.60

              (b)       If under 50 b.h.p.

406.60

421.60

 

 

 

(iii)       Driver of engines attending electric

 

 

             generator or dynamo other than a

 

 

             dynamo for merely lighting the

 

 

             works shall receive an additional

 

 

             $12.43 per week

 

 

13.        Fireman/Boiler Attendant

394.20

409.20

14.        Forklift Truck Driver and/or Tractor

 

 

             Driver

406.60

421.60

15.        Laboratory Assistant

417.30

432.30

16.        All other Adult Employees

375.20

400.40

 

 

Casual Rates - (clause 3) - Casual employees shall be paid an hourly rate equal to one thirty eighth of the relevant weekly rate plus 20% with a minimum payment on any day as for four hours worked.

 

(NOTATION:  The New South Wales Annual Holidays Act provides that casual employees under this award are entitled to receive an additional amount equal to one-twelfth of their ordinary time earnings in lieu of annual leave).

 

Junior Rates (clause 7) -

 

(a)        Junior Employee (Other Than Laboratory Assistants)

 

(i)         The minimum rates of pay shall be as follows:-

 

 

Age in Years

Percentage of weekly rates prescribed for adult storeperson/storehand

%

At 16 years of age

60

At 17 years of age

80

Thereafter

100

 

(ii)        No junior under the age of 16 years shall be employed in a mill.

 

(iii)       No junior male under the age of 18 years shall be employed as a packerman/packer except as an assistant and he shall then not be required to pack more than 1,100 kilograms of mill products per hour; provided that any such junior may relieve a packerman/packer at meal times.

 

(b)        Junior Laboratory Assistants:

 

 

Age in Years

Percentage of weekly rates prescribed for Laboratory Assistant

%

At 17 years of age or under

50

At 18 years of age

60

At 19 years of age

70

At 20 years of age

90

 

(c)        The rates prescribed by sub-clauses (a) and (b) of this clause shall be calculated to the nearest 5 cents per week, any broken part of 5 cents in the result not exceeding 2.5 cents to be disregarded.

 

Appendix 2 - Special Rates (Clause 9)

 

(a)        Dusty Conditions, etc. - Employees whose duties require them to work in dusty conditions and/or in the handling, carrying or tipping of offensive materials (other than by mechanical means) shall be paid an allowance of $1.68 per day.

 

(b)        Unusually and Excessively Dirty or Dusty Conditions - Where the manager and representative of the Association agree that the work being performed is unusually and excessively dirty or dusty an allowance of 37 cents per hour shall be paid.

 

(c)        Handling Grain -

 

(i)         Employees engaged in discharging bulk grain from trucks to hoppers or in handling bulk grain in bins, silos, or tunnels or in shooting bagged grain to silos, bins and/or hoppers shall be paid an extra rate of 72 cents per hour or part of an hour in addition to their ordinary or overtime rates for the time so engaged.

 

(ii)        Employees working adjacent to men discharging bulk grain to hoppers where dust is prevalent shall be paid an extra rate of 42 cents per hour or part of an hour for the time so engaged.  The question as to the existence of dust shall be determined by agreement between the mill manager and the representative of the Association at each mill.

 

(d)        Carrying Bagged Products - Weekly and casual employees engaged in carrying bagged products weighting in excess of 70 kilograms shall be paid 27 cents per hour during ordinary hours in addition to the weekly or casual rates prescribed elsewhere in this Award.

 

(e)        Bag Cleaning - Employees engaged in cleaning bags other than by machine shall be paid an extra rate of $2.87 per day or part of a day in addition to their ordinary or overtime rate for the time so engaged.

 

(f)         Containers - Employees whilst stacking mill products shall be paid an allowance of 45 cents per hour or part of an hour for the time so engaged.

 

(g)        Boiler Attendant Certificate - Where an employee (other than an employee classified as a fireman/boiler attendant) holds a boiler attendant's certificate he shall be paid an additional amount of $7.17 per week for any week during which he is required by the employer to act on such certificate; such amount shall not be subject to any premium or penalty additions nor shall it be payable in addition to any amount payable to the worker whilst he is on annual leave.

 

(h)        Boiler Cleaner - Any person engaged inside the gas or water space of any boiler, flue or economiser in cleaning or scraping work shall, whilst so engaged, be paid $1.12 per hour in addition to his ordinary or overtime rate of pay.

 

(i)         Silo and Bin Cleaner - Any person engaged inside the space of any bin or silo in cleaning work shall whilst so engaged, be paid 75 cents per hour in addition to his ordinary or overtime rate of pay.

 

NOTE: It is agreed between the parties that a site where the dust allowances prescribed by subclause (a), Dusty Conditions etc., are paid to the employees at the site as a form of over-award payments, such dust allowance will be absorbed into Supplementary Payments increases along with other overaward payments at the time of the insertion of Minimum Rates Adjustments.

 

(j)         Sunday and Holiday Rates (clause 10) - In addition to the crib time allowed in accordance with subclause (g) of this clause, the employee shall be paid a meal allowance of $5.20.

 

(k)        Meal Hours (See clause 13, Hours - Shiftwork) - Employees employed in mills running two shifts shall be allowed 30 minutes for meals during each shift and no time shall be deducted for such meals except where a meal relief is granted on day shifts and the employees concerned are paid an additional $1.77 and in such cases not less than 30 minutes nor more than one hour shall be allowed for meals which shall not be counted as time worked.

 

(l)         First-aid Attendant (clause 26)

 

First-aid Attendants

$7.17 per week

 

 

 

(m)       Supply Of Overalls, Tools, Etc (clause 28)

 

Clothing Allowance

             $1.93 per week

Tool Allowance

             $7.67 per week

Handling Pesticides

             36 ¢ per hour

 

(n)        Travelling (clause 15)

 

Travelling allowance is 56 cents per kilometre.

 

(o)        Fire officer (clause 27) - A properly trained fire officer shall receive an allowance of $6.55 per week.

 

(p)        Shift Work -

 

(i)         Afternoon Shift - $16.83 per shift;

 

(ii)        Rotating Night Shifts - $20.97 per shift;

 

(iii)       Change of Shift - $14.36 per shift.

 

(q)        Meal Allowance -  $5.20 per meal

 

4.          This order shall take effect from the first pay period commencing on or after 2nd October, 2000.

 

Appendix  3

 

Introduction -  An important part of the agreement between the parties to the award for the introduction of a 38-hour week is the establishment of procedures for in-plant discussions.

 

These procedures must be drawn up so as to be adapted to the particular circumstances of the business concerned.  In other words, the manner in which the procedures are applied may vary from plant to plant.

 

Objectives of In-Plant Discussions -

 

There are two main objectives of the in-plant discussions.  These are:

 

(i)         To agree on the method of implementing the 38-hour week.

 

(ii)        To review objectively current practices to establish where improvements can be made and implemented.

 

Implementation of 38-Hour Week -

 

(a)        Alternative Methods of Implementation - It is necessary that in each plant, an assessment should be made as to which method of implementation best suits the business.

 

There are various methods of implementing the 38-hour week which are open to the employer.

 

Five possible methods are:

 

           shorter hours each working day;

 

           shorter hours on one day per week;

 

           one day off in each four-week cycle - this day to be a common day for all employees;

 

           one day off in each four-week cycle - this day to be rostered;

 

           the employees' days off be accumulated and taken in one or a number of continuous periods.

 

(b)        Discussions In-Plant - Having determined which method of implementation best suits the business, the employer should discuss the proposal with the employees concerned as soon as possible.

 

(c)        Failure To Agree - Should agreement not be reached then the following procedure for resolving the difference between the parties shall be followed:

 

(1)        That the matter be referred to a State Committee consisting of representatives of the State Branch of the Union and the State Employers Committee;

 

(2)        That should the matter not be resolved at a State level the matter be referred to as a member of the Industrial Relations Commission of New South Wales.

 

(d)        Proceed Without Delay - It is suggested that companies make their arrangements as to which method of implementation best suits their business without delay.  As soon as this is done discussions should commence in-plant, the objective being to reach agreement prior to the Industrial Relations Commission of New South Wales hearing.  This will allow accurate information to be presented before the Industrial Relations Commission of New South Wales.

 

(e)        Factors To Be Considered - There are many factors which should be taken into account when determining which method of implementation best suits the business.

 

In making an assessment as to which method of implementation best suits the business the following factors should be taken into account:

 

(i)         The nature of the business and how best to avoid impairing service to your customers;

 

(ii)        The effect of any new arrangement on production and efficiency having regard, at all times, to cost factors;

 

(iii)       How best to utilise capital equipment, keeping in mind new equipment and technologies which may be introduced in the future;

 

(iv)      The effect of any new arrangements may have on your suppliers;

 

(v)       The well being of your employees, including transport facilities if start and finish times change;

 

(vi)      Where overtime work is necessary, when should overtime best be carried out and how may unnecessary overtime be avoided;

 

(vii)     What other awards apply in the plant and whether any new arrangements will create disharmony with employees covered by other awards or with award-free employees;

 

(viii)    What changes will be necessary in supervisory arrangements, and in other activities of the plant including the laboratory, engineering, clerical and administrative services;

 

(ix)       What should the roster systems be in the case of shift workers and if employees are to take a day off;

 

(x)        If the system preferred is that employees take a day off during a work cycle can overheads be reduced and other cost savings achieved if the plant is shut for the day or is it preferable to keep the plant running on each day by arranging for employees to take their day off on a roster basis.

 

Obviously, there will be many factors each company should consider before deciding on the best method of implementing the 38-hour week.

 

(f)         Consulting Employees - Companies should also consider the arrangements which will be necessary to discuss the proposals with the employees concerned.  In many cases it will not be possible to involve directly all employees in these discussions.

 

In such circumstances companies should consider consulting with a small group of employees who are to represent the interests of all employees.  these representatives may be the elected shop stewards or elected or selected employees from various parts of the plant and covering a cross-section of occupations.

 

All employees should be informed of the method of implementation favoured by the employer, the factors which have been taken into account and the reasons why one method of implementation of the 38-hour week is preferred to another.

 

Each employee should be given the opportunity to express his views either directly to the employer or to the employees representing him.  Where there is a division of opinion amongst the employees it may be appropriate to arrange for a vote so that the view of the majority of employees concerned may be determined.

 

(g)        Communication - Once agreement has been reached on the method of implementation, all employees should be provided with the details.  This may be done by a notice given to each employee and/or by the details being posted on the notice board.  Companies may also choose to speak to employees affected either individually or collectively.

 

Where necessary, steps should be taken to avoid any misunderstandings because of language difficulties.

 

The method of implementation to apply should be explained in a clear and simple way.  don't leave out of your explanation any matters which may affect the employees concerned.  For example, explain carefully;

 

the times when employees are to start and finish work, when days off are to be taken (where this method is adopted), proposed rosters and the like;

 

the method by which wages are to be paid;

 

all other relevant matters;

 

Establish a mechanism to provide the opportunity for queries to be raised and answered.

 

(h)        Trial Basis - It is suggested that the method of implementation decided upon be introduced on a trial basis.  If this is the case, the employees should be made aware of this fact and advised that should the method of implementation decided on be unsuccessful then further discussions will be sought to see how improvements can be made or an alternative system adopted.  This will entail monitoring the scheme and employees should be kept informed of its success of any problems being encountered.

 

Review of Current Practices -

 

(a)        Minimising Costs - A most important aspect of the introduction of a 38-hour week is the additional labour costs involved.

 

One of the objectives of in-plant discussions should be to review objectively current practices to establish where improvements can be made and implemented.  In other words, the procedures for in-plant discussions should provide a mechanism whereby the cost of introducing a 38-hour week can be kept to a minimum by varying work practices, removing restrictions which may have applied and by other changes where improvements can be made and implemented.

 

Companies should enter into in-plant discussions with this objective in mind.  Wherever possible, the discussions should be completed within the earlier mentioned time frame but should this not be achieved, the discussions should continue after that date.

 

(b)        Approach To Be Adopted - Provisions have not previously been included in the award to facilitate in-plant discussions.  Whilst this has been the practice in some companies, in may cases discussions of this nature will be undertaken for the first time as a result of this aspect of the introduction of the shorter working week.

 

Companies should adopt a balanced and realistic approach in the discussions and employees should be encouraged to enter into the discussions in the same way.

 

(c)        Preparation For Discussions - Companies should prepare for the discussions as thoroughly as possible, preparation should commence immediately.

 

Each company should make an assessment of the issues it will seek to discuss with the employees.  Supervisory staff should be consulted and a list of issues drawn up.  Each matter should be considered carefully before being raised with the employees and a priority allotted to them.

 

The company should carefully select its representatives to put the company's point of view in the discussions.  The company representative should understand full the reason why a matter is to be raised, the nature and extent of the change which will be sought and the extent of any cost savings or improved efficiencies which may result.

 

(d)        Subject Matters for Discussion - A list of subject matters which may be relevant for discussion in-plant is set out below, but it should be noted that it is not intended as an exhaustive list nor may it be appropriate in a particular company to raise all of the issues listed.  The list is intended as a guide only and remember, the employees too may have issues they wish to raise.

 

The subject matters to be discussed in-plant may include -

 

(i)         Start/finish times:

 

           morning and afternoon teas;

           location of bundy clocks;

           warning whistles;

           washing/walking time

           absenteeism;

           role of supervision

 

(ii)        Work practices:

 

           work rates;

           machine speeds and feeds;

           meal break rosters;

           operation of machines during meal breaks;

           new plant and equipment;

           measurement.

 

(iii)       Restrictive practices

 

           work limitations;

           lifting of overtime restrictions;

           call backs.

 

(iv)       Manning, demarcation and allocation of labour:

 

           manning of machines;

           use of apprentices;

           better utilisation of skills;

           minor repairs and maintenance procedures.

 

(v)        Improvements in industrial relations and dispute settlement procedures

 

(vi)       Other matters, e.g., payment of wages by cheque.

 

(e)        Consulting Employees - The manner in which in-plant discussions are to proceed and who should represent the employees also requires careful consideration.

 

It is suggested that the representatives of the employees with whom the implementation of the 38-hour week is discussed may also represent the employees in discussions concerning work practices.

 

Wherever possible both aspects, namely the implementation of the 38-hour week and proposed changes in current practices, should be discussed at the same time.

 

However, it may be appropriate to continue the in-plant discussions even though agreement has been reached on the method of implementation of the 38-hour week.  This should be arranged wherever necessary.  The timetable for the discussions is a matter to be decided in each company.

 

(f)         Recording Understandings Reached - It is important that once an agreement is reached on all or some of the matters discussed a record should be prepared and copies made available to representatives of both the company and the employees.

 

In this way a company will be sure that all agreements and understandings can be conveyed accurately to the employees concerned and the record will be accurate for future reference.

 

Just as communications with employees are an important part of the procedure for the implementation of the 38-hour week they are equally important with respect to changes in current practices which may be agreed.

 

(g)        Monitoring of Agreements - It is important to establish procedures in-plant to monitor any agreements or understandings reached in the discussions.  Representatives of the company and the employees should meet at appropriate intervals for this purpose.

 

Recalculation of Sick Leave Credits - 38-Hour Week - The 38-hour week results in changes to the hourly equivalent of sick leave entitlements under the award.  The changes are as follows:

 

1st year of service

5 days = 40 hours change to 5 days = 38 hours.

 

 

2nd and subsequent years

8 days - 64 hours change to 8 days - 60.8 hours.

 

 

These changes require recalculation of each employee's sick leave entitlements to ensure that an employee's sick leave is neither increased nor decreased as a consequence of the introduction of the 38-hour week.

 

Recalculation procedure:

 

Recalculation shall be made as at the commencement of each employee's current sick leave year.

 

The procedure is to reduce all sick leave entitlements (both accumulated untaken sick leave credits and the current year's entitlements) by 3 minutes for each hour of sick leave.  This will give the equivalent of the employee's sick leave entitlement as at the beginning of his sick leave year on the basis of a 38-hour week.

 

If the employee has been paid for any sick leave since the commencement of his current sick leave year, the newly calculated figure should be reduced by 57 minutes for each hour of sick leave granted.

This "recalculation procedure" will give the employee's current sick leave entitlement based on a 38-hour week and is then to be applied for all purposes of the sick leave clause.

 

Appendix 4 - Disciplinary Procedure

 

Where it is agreed at a site that a disciplinary procedure should be adopted, it shall be introduced on the following basis (unless a contrary agreement already in existence is preferred by the parties) -

 

OUTLINE FOR A DISCIPLINARY PROCEDURE - RELATING TO POOR WORK PERFORMANCE OR UNSATISFACTORY CONDUCT

 

Without limiting the scope of application of this procedure "poor work performance or unsatisfactory conduct" could include the following -

 

           unacceptable work quality;

           unsafe work practices;

           wilfully failing to abide by reasonable and lawful directions;

           excessive absenteeism.

 

Where it is alleged an employee's work performance or conduct is of a poor or unsatisfactory standard the following procedure may be adopted -

 

(1)        Interview Process:  An interview of the employee should be conducted by the employer or the employer's representative.  It is appropriate for another member of management to be present as well as the Shop Steward or his/her representative (if the employee is a member of the Union) or other nominated or responsible employee acceptable to the employee being disciplined.  At the time of the interview the employee should be informed of the nature of the problem and be given the opportunity to explain his/her actions.

 

If the problem is not work related, efforts should be made to provide appropriate professional counselling or other outside assistance, where available.

 

If the problem is work related, it is suggested that certain details of the interview should be recorded, such as -

 

1.         Nature of alleged poor work performance or unsatisfactory conduct and the specific details.

 

2.         Date/s of alleged poor work performance or unsatisfactory conduct.

 

3.         Date and time of the interview.

 

4.         Signature of the parties present at the interview.

 

A copy of this record should be supplied to the employee concerned.

 

(2)        Discipline:  If the warning resulting from the initial interview is unsuccessful, a further interview similarly constituted should then take place.

 

At that time management should produce further evidence of the continued poor work performance or unsatisfactory conduct and the employee should be given the opportunity to explain his/her continued poor work performance or unsatisfactory conduct.

 

If the explanation is deemed unsatisfactory, management may take disciplinary steps in relation to the employee.

 

Such disciplinary action may result in dismissal; however, in some circumstances it would be appropriate that a further warning be given.

However, in some less serious situations appropriate disciplinary measures may include -

 

           relocation in the workplace;

           reclassification to a lower grade of work;

           restriction of privileges;

           admonishments recorded on the employee's personal file.

 

These forms of disciplinary measures may be either permanent or of a temporary nature, in which case previous entitlements may then be restored provided the employee's work performance or conduct has improved in the intervening period.

 

The employee may nonetheless be dismissed in any of these alternative disciplinary measures are found not to be a satisfactory solution.

 

(3)        Dismissal -

 

(a)        Dismissal Following Disciplinary Procedure - The employee should be notified in writing of impending dismissal and the reasons for same.  The Shop Steward (or their representative) should be notified as soon as practicable if this course of action is to be taken.

 

(b)       Instant Dismissal - The above procedure dealing with poor work performance or unsatisfactory conduct are not intended to interfere with the operation of Clause 3, Conditions of Employment, which recognises the right of the employer to dismiss any employee without notice for serious and wilful misconduct that justifies instant dismissal.

 

In such circumstances the following procedure should be followed -

 

(i)         An investigation should be conducted to establish the facts.

 

(ii)        The employee shall be interviewed in the presence of another member of management and be informed of the alleged misconduct.

 

(iii)       The employee shall be given the opportunity to explain or refute the alleged misconduct.

 

 

 

I. TABBAA, Commissioner.

 

 

 

 

ANIMAL FOOD MAKERS &c. (STATE) AWARD

 

ANIMAL FEED MANUFACTURE (STATE)

 

INDUSTRIAL COMMITTEE

 

INDUSTRIES AND CALLINGS

 

 

All persons employed in the manufacture of feeds and licks for animals and/or in the crushing, grinding, preparation and/or handling thereof in the State, excluding the County of Yancowinna;

 

excepting -

 

Engine drivers, firemen, greasers, trimmers, cleaners and pumpers engaged in and about the driving of engines;

 

and excepting also -

 

employees within the jurisdiction of the following Industrial Committees:

 

Domestic Pet Feed Manufacture (State);

Starch and condiment Makers, &c. (State).

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

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