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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BREEDING AND RAISING PIGS, &C., EMPLOYEES (STATE) AWARD
  
Date07/20/2001
Volume326
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0220
CategoryAward
Award Code 050  
Date Posted04/03/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(050)

SERIAL C0220

 

BREEDING AND RAISING PIGS, &C., EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC2588 of 1999)

 

Before Commissioner McKenna

21 December 2000

 

REVIEWED AWARD

 

PART A

 

1.         Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Classification Structure and Definitions

3.         Rates of Pay - Adults and Juniors

4.         Hours of Work

5.         Superannuation

6.         Payment of Wages

7.         Terms of Employment - Weekly Employees

8.         Part-time and Casual Employees

9.         Meal Breaks

10.       Overtime

10A.    Time Off in Respect of Overtime Worked

11.       Anti-Discrimination and Harassment

12.       Sundays and Holidays

13.       Annual Leave

14.       Annual Leave Loading

15.       Sick Leave

16.       Bereavement Leave

17.       Protective Clothing

18.       Meal Allowances

19.       First-aid Allowance

20.       Personal/Carer's Leave

21.       Dispute Procedure

22.       Labour Flexibility

23.       Consultative Mechanism

24.       Right of Entry

25.       Rest Intervals

26.       Redundancy

27.       Training Wage

28.       Area, Incidence and Duration

 

APPENDIX A

 

 

 

 

 

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

 

2.  Classification Structure and Definitions

 

(a)        Statement of Duties -A piggery attendant at all classification levels may be required to undertake any duty or combination of duties listed hereunder, as may be required at each enterprise, to the full limit of the employee's ability, training and/or licensing:

 

Section A -

 

(1)        apply and adhere to quarantine control procedures;

(2)        clean and maintain protective footwear and clothing;

(3)        clean and maintain administration and amenities buildings and associated fittings and equipment;

(4)        maintain an adequate environment for the wellbeing of stock;

(5)        clean accommodation pans, fittings and equipment;

(6)        provide feed and water for stock;

(7)        tend to routine husbandry of all stock;

(8)        apply animal identification systems;

(9)        move, draft and weigh stock;

(10)      remove and dispose of effluent;

(11)      dispose of deceased stock;

(12)      mix and mill feed;

(13)      care for sick or injured stock;

(14)      maintain herd health status at an acceptable level;

(15)      operate farm-related vehicles, plant, machinery and equipment (if appropriately licensed);

(16)      detect oestrous and mate breeding stock;

(17)      diagnose pregnancy in breeding stock;

(18)      assist sows and piglets at farrowing;

(19)      remove faulty or damaged equipment and fittings;

(20)      install new or replacement equipment and fittings;

(21)      maintain a recording system and interpret data;

(22)      transport stock, feed and equipment (if appropriately licensed);

(23)      maintain sheds, fixtures and fittings, fences and surrounds;

(24)      maintain machinery and equipment;

(25)      perform other duties as required.

 

Section B - Piggery Attendants at All Levels Above and Including Pa3 May Additionally be Required to:

 

(26)      select replacement breeding stock;

(27)      make decisions on drug usage;

(28)      destroy sick or injured stock in a humane manner;

(29)      conduct post mortem examination of deceased stock;

(30)      order stores and equipment;

(31)      perform other duties as required.

 

(b)        Classification -

 

(i)         Piggery Attendant Grade 1 (PA1) is an employee undertaking up to 38 hours' induction training, which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, farm layout, production program, work and record keeping procedures and occupational health and safety.  An employee at this level is generally a new recruit to the industry who performs simple or routine tasks essentially of a manual nature and, to the level of his/her training:

(1)        exercises minimal skills, knowledge and decision making;

 

(2)        works under direct supervision, and is given regular direction or guidance and results are constantly monitored;

 

(3)        is undertaking structured training so as to enable him/her to work at PA2 level;

 

(4)        after adequate instruction the employee may be required to undertake any task(s) listed in subclause (a) of this clause.

 

(ii)        Piggery Attendant Grade 2 (PA2) is an employee appointed by the employer to this grade who has completed up to three months structured training so as to enable the employee to work within the scope of this level. An employee at this level may have limited experience in the pig industry, and generally performs simple straightforward tasks, using well established techniques and practices in pig husbandry:

 

(1)        exercises skills requiring some knowledge of established techniques and minimal routine decision making;

 

(2)        works under frequent direct supervision and is given regular guidance;

 

(3)        work is regularly inspected and the final result is usually checked;

 

(4)        the employee may be required to undertake any task(s) listed in subclause (a) of this clause.

 

(iii)       Piggery Attendant Grade 3 (PA3) is an employee appointed by the employer to this grade, who performs a range of different but straightforward tasks using well established techniques and practices under routine supervision:

 

(1)        exercises skills requiring knowledge or a relevant experience in piggery procedures and is required to make decisions within the employee's knowledge and competence on day-to-day management of pigs;

 

(2)        works under general supervision, is responsible for the quality of their own work and receives limited guidance relating to more unusual features or new tasks;

 

(3)        the employee may work individually or as part of a team, or may supervise the duties of equal or lesser graded employees;

 

(4)        routine performance checks are usually observed;

 

(5)        the employee may be required to undertake any task(s) listed in subclause (a) of this clause.

 

(iv)       Piggery Attendant Grade 4 (PA4) is an employee appointed by the employer to this grade, who has completed a minimum of: one year of adult relevant experience; or an accredited stockperson training course certificate; or equivalent formal training recognised by the employer, plus six months relevant adult experience.

 

The employee performs a range of straightforward tasks using well established techniques and practices under limited supervision and is responsible for maintaining the quality and quantity of their work:

 

(1)        Exercises skills requiring sound knowledge of and experience in piggery procedures and requires instruction only on management decisions that vary from established practices and principles.

 

(2)        The employee exercises some individual judgement and initiative within established principles and practices.

 

(3)        The employee may work individually or as part of a team or may supervise the duties of equal or lesser graded employees.

 

(4)        Assists in the provision of on-the-job training to a limited degree.

 

(5)        An employee may be required to undertake any task(s) listed in subclause (a) of this clause.

 

(v)        Piggery Attendant Grade 5 (PA5) is an employee appointed by the employer to this grade who has completed a minimum of: two years' relevant adult experience; or an accredited apprenticeship or equivalent formal  training, plus one year of relevant adult experience.

 

The employee performs a range of tasks using well established techniques and practices under minimal supervision and is responsible for maintaining the quality of work undertaken individually or as part of a team:

 

(1)        Exercises skills requiring sound knowledge of and experience in piggery procedures and displays considerable individual judgement and initiative within established principles and practices.

 

(2)        The employee may work individually or as part of a team or may supervise and co-ordinate the duties of equal or lesser graded employees.

 

(3)        The employee understands and applies quality control techniques.

 

(4)        The employee may be required to undertake any task listed in subclause (a) of this clause.

 

(vi)       Senior Piggery Attendant Grade 1 (SPA1) is an employee appointed by the employer who has completed a minimum of: three years' relevant adult experience; or an accredited traineeship or equivalent formal training, plus two years relevant adult experience.

 

The employee performs a range of tasks that may vary from established techniques and practices under minimal supervision and guidance and must be competent in all facets of duties required and may be required to work alone, lead work units and/or co-ordinate, supervise and/or train new employees:

 

(1)        The level may require extensive individual judgement and initiative within established management guidelines.

 

(2)        The employee understands and applies quality control and assurance techniques.

 

(3)        The employee may supervise and/or train employees at all levels up to and including PA5.

 

(4)        An employee may be required to undertake any tasks listed in subclause (a) of this clause.

 

(vii)      Senior Piggery Attendant Grade 2 (SPA2) is an employee appointed by the employer who has completed a minimum of three years' adult experience in the pig breeding industry and has completed the New South Wales Technical and Further Education Rural Trades Course or other Trades Certificate and/or course(s) accredited and recognised by the Pig Industry Training Council.

 

The employee performs a range of tasks relating to the purchase, installation and programmed maintenance of plant, fittings and fixtures and mechanical, hydraulic or electrical equipment and machinery:

 

(1)        exercises discretion within the scope of this grade and the employee's qualifications/training;

 

(2)        provides trade guidance and assistance to grades PA1-5 and SPA1 as part of a work team;

 

(3)        works with minimal direction or supervision and is responsible for the quality of his/her own work;

 

(4)        exercises trade skills relevant to the requirements of the exercise;

 

(5)        co-ordinates and supervises non-trades employees within a work team;

 

(6)        an employee may be required to undertake any tasks listed in subclause (a) of this clause.

 

3.  Rates of Pay - Adults and Juniors

 

(i)         The rates of pay in this award include the adjustments payable under the State Wage Case of 2000.  This adjustment may be offset against:

 

(a)        any equivalent overaward payments;  and/or

 

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

 

(ii)        A leading hand shall be paid at least the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(iii)       The minimum weekly rates to be paid to junior employees shall be the percentage of the appropriate adult general hand weekly wage rate, as set out in Table 1 - Rates of Pay.  The total wage shall be calculated to the nearest ten cents, any broken part of ten cents in the result not exceeding four cents to be disregarded.

 

4.  Hours of Work

 

(i)        

 

(a)        Subject to the provisions of paragraph (b) of this subclause, the ordinary hours of work shall not, without the payment of overtime, exceed:

 

39.5 hours per week (from 1 September 2000);

39 hours per week (from 1 March 2001);

38.5 hours per week (from 1 September 2000);

38 hours per week (1 March 2002);

 

and shall be worked continuously, except for meal breaks, for eight hours per day, five days per week, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m.

 

(b)        Where genuine agreement exists between the employer and the employee, the following may apply:

 

The ordinary hours of work shall not, without the payment of overtime, exceed:

 

39.5 hours per week (from 1 September 2000);

39 hours per week (from 1 March 2001);

38.5 hours per week (from 1 September 2000);

38 hours per week (1 March 2002);

 

and shall be worked continuously, except for meal breaks, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m.

(ii)        The starting and finishing times once fixed for individual employees shall not be altered by the employer except upon him/her giving seven days' notice of intention to do so to the relevant employees.  The employer shall post and keep posted on the premises, in a place conveniently accessible, a roster of ordinary hours of work of employees.

 

(iii)       Notwithstanding the provisions of subclause (ii) of this clause, the commencing and ceasing times of ordinary hours of employees may be varied at any time by agreement between the employer and individual employees. In the absence of agreement, the provisions of the said subclause (ii) shall apply.

 

5.  Superannuation

 

(i)         The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(ii)        Subject to the requirements of legislation, the employer shall make superannuation contributions to:

 

(1)        Australian Public Superannuation Fund;  or

(2)        ASSET (Australian Superannuation Savings Employment Trust);  or

(3)        APISF (Australian Primary Industry Superannuation Fund);  or

(4)        Such other funds that comply with the requirements of the legislation;

 

and shall participate in accordance with the Trust Deed of that fund.

 

(iii)       The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:

 

NOTATION: Employer contributions under relevant legislation are set at 8% on and from 30 June 2000, and will increase to 9% on and from 1st July 2002.

 

(iv)       The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.

 

(v)        An employee may make contributions to the fund in addition to those made by the employer.

 

(vi)       An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.

 

(vii)      An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.

 

(viii)     All contributions shall be made at the completion of each calendar month.

 

(ix)       Ordinary time earnings shall be defined as including:

 

(i)         Award classification rate.

 

(ii)        Overaward payment.

 

(iii)       Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime.

 

(x)        Casual loading in respect to casual employees including 1/12 Annual Holiday Loading.

 

Ordinary Time Earnings Does Not Include Bonuses, Commission, Payment for Overtime Or Other Extraordinary Payment, Remuneration Or Allowance.

6.  Payment of Wages

 

(i)         All wages and overtime shall be paid, in the employer's time, not later than Friday in each week.  Wages shall be paid by either cash, cheque or electronic funds transfer.

 

(ii)        Where wages are paid by cheque or bank transfer, the following conditions shall apply:

 

(a)        Payment by cheque or bank transfer will not involve any of the employees in any banking costs.

 

(b)        Time will be granted to the employees to cash their weekly wage cheque during normal banking hours in their normal pay day without loss of pay.

 

(c)        The employees shall, if necessary, be allowed to leave the employer's premises to cash the said cheque.

 

(d)        Should any employee request to have the weekly wages paid into the employee's bank account, credit union or building society, the employer shall comply with such request.

 

 

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

 

Where the employment is terminated by reason of the employee's misconduct, the employee shall be paid all wages due within 24 hours of such termination or shall be paid at the rate of the classification under which the employee was last employed for all time until such payment is made.

 

7.  Terms of Employment - Weekly Employees

 

(i)         Except as hereinafter provided, employment shall be by the week.  Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.  Provided that, during the first two weeks of the employment of an employee engaged by the week, such employment may be terminated on one hour's notice by either party at any time.

 

(ii)        One week's notice shall be given at any time during the week by the employer or employee to terminate employment or, in lieu of such notice, one week's wages shall be paid by the employer or forfeited by the employee, as the case may be.

 

(iii)       Notwithstanding anything elsewhere contained in this clause, the employer shall have the right to dismiss an employee without notice for inefficiency, neglect of duty, malingering or misconduct, in which case wages shall be paid up to the time of dismissal only.

 

8.  Part-Time and Casual Employees

 

(i)         Part-time Employees -

 

(a)        A part-time employee shall mean an employee engaged by the week but who is required to work a regular number of ordinary hours each week which are less than the weekly number of ordinary hours of work prescribed by clause 4, Hours of Work, of the award.

 

(b)        A part-time employee shall be paid an hourly rate ascertained by dividing the weekly rate payable under Table 1 - Rates of Pay, of Part B, Monetary Rates, by the weekly number of ordinary hours prescribed by clause 4, Hours of Work, of the award.

 

(c)        Notwithstanding anything elsewhere contained in this award, the provisions of this award shall apply to part-time employees on a pro rata basis.

 

(ii)        Casual Employees -

 

(a)        A casual employee is an employee engaged by the hour and paid as such.

 

(b)        The hourly rate for a casual employee shall be ascertained by dividing the total ordinary rate payable under the said Table 1 by the weekly number of ordinary hours prescribed by clause 4, Hours of Work, of the award, plus 15 per cent.

 

9.  Meal Breaks

 

(i)         A meal break of at least 30 minutes and not more than 60 minutes on each day shall be allowed to all employees and shall be taken at times to be mutually arranged.

 

(ii)        All time worked during the ordinary meal hour shall be paid for at the rate of time and one-half, which rate shall continue until a meal break is allowed.

 

10.  Overtime

 

(i)         All time worked in excess of the ordinary hours provided in clause 4, Hours of Work, shall be regarded as overtime and shall be paid for at the rate of time and one-half for the first two hours, and double time thereafter.

 

(ii)        All time worked on Saturday shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

(iii)       In computing overtime, each day's work shall stand alone.

 

(iv)       An employee recalled to work overtime during the normal working week (Monday to Friday, inclusive) after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time so recalled; provided that the employee shall not be required to work the full four hours if they are recalled to perform is completed within a shorter period.

 

5          10a.  Time Off in Respect of Overtime Worked

 

(i)         Subject to genuine agreement between an employer and employee(s), an employee may elect to take time off in lieu of payment for hours worked in excess of the ordinary hours of work prescribed by this award.

 

(ii)        In such cases the time off shall be calculated on the basis of the penalty prescribed for work outside and/or in excess of the ordinary hours of work prescribed by this award.

 

(iii)       Provided that such time off shall be taken within four weeks of becoming due or payment for such work shall be made by the employer.

 

(iv)       Provided further that the time of taking the time off in lieu is subject to mutual agreement between the employer and the employee and where agreement cannot be reached the matter shall be dealt with via the Dispute Settlement Procedure.

 

11.  Anti-Discrimination and Harassment

 

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

 

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

 

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

 

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

 

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

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age.  Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW).

 

(c)        A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

12.  Sundays and Holidays

 

(i)         An employee required to work on a Sunday shall be paid at the rate of double time and if required to work on a holiday shall be paid at the rate of double time and one-half.

 

(ii)        In this award, unless the contrary intention appears, the expression "holiday" means any of the following days: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and any day proclaimed and/or gazetted as a holiday for the State.

 

(iii)       By agreement between an employer and their employee(s), another day(s) may be substituted for any day(s) which has been proclaimed and/or gazetted as a public holiday for the state.

 

(iv)       An employee engaged by the week shall have no deduction made from the employee's wages for the week because the employee had not worked on a holiday.

 

13.  Annual Leave

 

See Annual Holidays Act 1944.

 

14.  Annual Leave Loading

 

During the period of annual leave allowed pursuant to the Annual Holidays Act 1944, an employee shall receive a loading of 17.5 per cent calculated on the rate of wage prescribed by clause 3, Rates of Pay - Adults and Juniors.  Such loading shall be paid in advance and shall be calculated upon the ordinary wages which would accrue during the currency of the leave.

 

The loading prescribed in this clause shall apply to annual leave due on or after the date of operation of this award. The said loading shall not apply to proportionate leave on termination.

 

15.  Sick Leave

 

(i)         Where an employee is unable to attend for duty the employee shall, wherever practicable, inform the employer within two hours of the commencing time in order to allow the employer to engage a replacement.  The employee shall provide to the employer, within 48 hours of the commencement of such absence, satisfactory medical evidence of illness or injury.

 

(ii)        An employee absent from work on account of personal illness or on account of injury by accident, shall be entitled to leave of absence without loss of pay for the following periods of working time:

 

(a)        During their first year of any period of service with the employer an employee shall not be entitled to leave in excess of 40 hours of working time.  Provided that, during the first six months of the first year of any period of service with an employer, the employee shall be entitled to sick leave, which shall accrue on a pro rata basis of 6 2/3 hours of working time for each month of service completed with the employer.  Provided further, that on application by the employee during the seventh month of employment, and subject to the availability of an unclaimed period of sick leave, the employee shall be paid for any sick leave taken during the first six months and in respect of which payment was not made.

 

(b)        During the second and subsequent years of any period of service with the employer an employee shall not be entitled to leave in excess of 64 hours of working time.

 

(iii)       An employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

 

(iv)       Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (ii) of this clause which has in any year not been allowed to an employee, and subject to the conditions herein before prescribed, shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

 

(v)        Service with the employer before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

16.  Bereavement Leave

 

(i)         An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employer in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 20, Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclause (2), (3), (4), (5) and (6) of the said clause 20.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

17.  Protective Clothing

 

(i)         The employer shall supply to each employee three pairs of overalls and two pairs of working boots each year.

 

(ii)        The employer shall be responsible for the laundering of the employee's overalls.

 

(iii)       Employees shall wear the protective clothing and boots provided by the employer during the course of their employment.

 

18.  Meal Allowances

 

(i)         If an employee is required to work overtime after working ordinary hours on Monday to Friday (except where the period of overtime is less than one hour and a half), the employee shall be supplied with a meal by the employer or paid at the rate set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the first and any subsequent meals.

(ii)        Before starting such overtime an employee shall be allowed a meal break of 30 minutes, which shall be paid for at ordinary rates.

 

(iii)       An employee working such overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of work.

 

19.  First-Aid Allowance

 

When an employer appoints an employee to carry out the duties of a first-aid attendant in addition to their ordinary duties, such employee shall be paid an allowance at the rate set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their ordinary rate of pay.  This allowance is for any work performed on the employer's premises. The person so appointed shall have the necessary qualifications to carry out such work.

 

20.  Personal Carers' Leave

 

(i)         Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c),  who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 15, Sick Leave, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned;  and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee:  or

 

(b)       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person;  or

 

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

 

(d)       a same sex partner who lives with the employee as the de factor 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 paragraph:

 

(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 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.

 

(ii)        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.

 

(iii)       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 above, 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.

 

(iv)       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 twelve (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 twelve (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.

 

(v)        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.

 

(vi)       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.

 

21.  Dispute Procedure

 

The resolution of industrial disputation shall be conducted be in accordance with the following steps:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

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

 

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

 

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

 

22.  Labour Flexibility

 

(i)         Wider Range of Tasks - Employees shall perform work which is incidental or peripheral to their main tasks or functions and is within the scope of their skills and competence.

 

(ii)        Mixed Enterprise -

 

(a)        A mixed enterprise is defined as a single establishment where the primary operation is not covered by this award.

 

(b)        For the purpose of increasing productivity, flexibility and efficiency in a mixed enterprise, as well as enhancing opportunities for workers, multi-skilling may be extended to allow the workers to perform any work in a mixed enterprise within the scope of their skills and competence.

 

(c)        Discussion shall take place at the enterprise with the view to allowing workers to perform a wider range of tasks and the removal of demarcation barriers.

 

(d)        Workers in a mixed enterprise shall not impose or continue to enforce demarcation barriers between the work of workers, provided that it is agreed that the work lies within the scope of the skill and competence of the worker concerned.

 

23.  Consultative Mechanism

 

Employers, Employees and Unions, Where Applicable, Shall Establish a Consultative Mechanism and Procedures Appropriate to Their Size, Structure and Needs for Consultation and Negotiation on Matters Affecting Their Efficiency and Productivity.

 

24.  Right of Entry

 

Refer to Part 7 of Chapter 5 of the Industrial Relations Act 1996 -Entry and Inspection by Officers of Industrial Organisations.

 

NOTE: Before exercising a right of entry, a duly accredited official of The Australian Workers’ Union, New South Wales, shall ascertain from the relevant employer whether there are any issues relating to quarantine that they should take into account that may not permit entry.

 

25.  Rest Intervals

 

Employees shall be allowed a period of ten minutes in the employer's time for rest and refreshment during each day, to be taken at a time to be mutually arranged.

 

26.  Redundancy

 

(A)       Application -

 

(i)         This clause shall apply in respect of full-time and part-time persons employed in the classifications specified by clause 2, Classification Structure and Definitions.

 

(ii)        This clause shall apply in respect of employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of paragraph (I) of subclause (D) of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable employment.

 

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

 

(B)       Introduction of Change -

 

(i)         Employer’s Duty to Notify -

 

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

 

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

 

Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        Employer’s Duty to Discuss Change -

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (I) of this subclause, the effects the changes are likely to have to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

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

 

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

 

(C)       Redundancy -

 

(i)         Discussions Before Terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (I) of subclause (B), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)       The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussions the employer shall, as soon as is practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to Disclose confidential information the disclosure of which would adversely affect the employer.

 

(D)       Termination of Employment -

 

(i)         Notice for Changes in Production, Program, Organisation or Structure -This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.

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

 

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

 

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

 

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

 

(ii)        Notice for Technological Change - This paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.

 

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

 

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

 

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

 

(iii)       Time Off During Notice Period -

 

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

 

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

 

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

 

(v)        Statement of Employment -

 

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

 

 

 

(vi)       Notice to Employment National -

 

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

 

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

 

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

 

(E)        Severance Pay -

 

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

 

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

 

Years of Service

Under 45 Years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(b)       Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and Over Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(c)        "Week's pay" means the all-purpose rate of the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

 

(ii)        Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

 

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

 

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

 

(F)        Savings Clause -

 

Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy agreement, taken as a whole, between the union and any employer bound by this award.

 

27.  Training Wage

 

 

Refer to the Rural Traineeship (State) Consolidated Award 1999.

 

28.  Area, Incidence and Duration

 

This award rescinds and replaces the Breeding and Raising of Pigs, &c. (State) Award published 6 February 1998 (303 I.G. 515), and all variations thereof.

 

It shall apply to employees of the classification specified herein, employed in the breeding and raising of pigs industry in New South Wales.

 

It shall take effect from the first full pay period to commence on or after 21 December 2000 and remain in force thereafter for a period of 12 months.

 

APPENDIX A

 

Translation Mechanism - For the purposes of translating employees from the old to the new classification structure the following table shall apply.  An employee fulfilling the requirements of the new classification structure shall be assessed accordingly.

 

Piggery Attendant = PA

 

Senior Piggery Attendant = SPA

 

New Structure

Equivalent to Old Structure

General Hand, Animal Attendant

 

 

PA1

(1st year)

PA2

(2nd year)

PA3

(3rd year)

PA4

(4th year)

PA5

(5th year)

SPA1

Leading Hand (1st and 2nd year)

SPA2

(3rd and 4th year)

 

 

 

 

 

 

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification

Base Rate

$

June 2000 SWC

$

Total Rate of Pay

$

Piggery Attendant Level 1

385.40

15.00

400.40

Piggery Attendant Level 2

390.10

15.00

417.10

Piggery Attendant Level 3

412.60

15.00

439.60

Piggery Attendant Level 4

433.55

15.00

460.55

Piggery Attendant Level 5

449.60

15.00

476.60

Senior Piggery Attendant Level 1

465.20

15.00

492.20

Senior Piggery Attendant Level 2

486.40

15.00

513.20

 

 

Junior Employees

Percentage of Appropriate

Adult Rate

%

 

 

At 16 years of age

60

At 17 years of age

80

At 18 years of age

Adult Rate

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

$

 

1

3 (iii)

Leading Hand Allowance

16.90 per week

2

16 (I)

Meal Allowance

7.50 per meal

3

17

First-aid Allowance

1.55 per day

 

 

 

D. S. McKENNA, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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