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.