PASTORAL EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the
Industrial Relations Act 1996.
(No. IRC 1318
of 1999)
Before Mr Deputy President Grayson
|
27 July and 6 August
2001
|
REVIEWED AWARD
PART A
1. ARRANGEMENT
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Station
Hands Employed at Shearing or Crutching
SECTION I - Employees Other Than Station Hands
4. Engagement
and Contracts of Shearers, etc.
5. Award
Modernisation
6. Employee
Engaged for Run of Sheds
7. Contractors
and Others
8. Shed
Representative and Consultative Mechanism
9. Employment
of Shed Hand or Woolpresser-Shed Hand
10. Rates for
Shearers
11. Rates for
Crutching
12. Rates for
Shed Hands
13. Rates for
Woolpressers
14. Rates for
Shearing Cooks
15. Smoke-oh
Lunches
16. Hours of
Work of Shearing Employees
17. Duties of
Woolpressers
18. Employment
of Learners
19. Additional
Rates for Work on Public Holidays
20. Barrowing
21. Transport
Whilst at Shed
22. Allowance
Where Sleeping Quarters are Not Provided
23. Mess and
Cook
24. Design of
Sheds
25. Equipment of
Sheds
26. Breakdown of
Machinery - Allowance for Delays and Termination of Agreements
27. Use of
Certain Combs Prohibited
28. Combs and
Cutters
29. Allotment of
Stands
30. Working
Regulations for Shearers and Crutchers
31. Injuries to
Sheep
32. Provision of
Sheep
33. Yarding
Sheep for Shearing
34. Withdrawal
of Sheep
35. Posting of
Tallies
36. Cook's
Duties, etc.
37. Absence from
Work, Leaving, Discharge
38. Transport in
Case of Illness or Discharge
39. Payment of
Wages
40. Wet Sheep
41. Cancerous,
etc., Sheep
42. Sheep
Affected with Prickly Pear
43. Medical
Supplies
44. Supply of
Soap, Water and Disinfectant
45. Supervision
of Shearing, etc., Operations
46. Delivery of
Mail
47. Provision of
Clocks
48. Conduct of
Employee on Station
SECTION II - Station Hands
49. Contract of Employment
50. Rates of Pay
51. Hours of Work, Overtime and Sunday Work
52. Special Allowances
53. Payment of Wages
54. Charges for Accommodation, Meat, Goods
and Services
55. Record of Wages
56. Public Holidays and Election Days
57. Annual Leave
58. Sick Leave
59. Personal/Carer's Leave
60. Bereavement Leave
61. Redundancy
62. Fares and Travelling Expenses
63. Equipment, Protective Clothing, etc.
64. Keep
65. Medical Supplies
66. Delivery of Mail
67. Cancerous, etc., Sheep
68. Aged, Infirm and Slow Workers
SECTION III - General Application
69. Anti Discrimination
70. Superannuation
71. Dispute Procedure
72. Exhibition of Rates
73. Right of Entry
74. Safety Net and State Wage Case
Commitments
75. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Schedule "A" - Agreements
Schedule "B" - Formulae
2. DEFINITIONS
Hereinafter, for the purpose of this award, unless the
contrary intention appears:
"Commission" means the Industrial Relations
Commission of New South Wales.
"Commissioner" means the Industrial Relations
Commission of New South Wales constituted by a Commissioner.
"Crutching" includes all the operations for which
rates are prescribed in clause 10, Rates for Crutching, and the meanings of the
words "crutch", "Crutcher" and "Crutched" are
similarly extended.
"Domestic Cook" includes any cook who cooks for
less than four station hands, other than a cook himself/herself, and any cook
who cooks for less than six employees engaged for shearing or crutching
operations.
"Domestic Servant" means any employee who works
mainly for the owner's or manager's household and includes domestic cooks as
defined.
"Shearing Cook" means a cook who regularly follows
the occupation of shearing cook and who cooks for six or more employees who are
engaged for shearing or crutching operations.
"Station Hand" means any employee to whom the
award applies, including station cooks,
excepting employees engaged for shearing or crutching operations to whom
Section I - Employees Other Than Station Hands, applies.
"Union" means The Australian Workers' Union, New
South Wales Branch.
Words importing the masculine gender shall include the
feminine.
Words in the singular shall include the plural and words in
the plural shall include the singular.
3. STATION HANDS EMPLOYED
AT SHEARING OR CRUTCHING
Notwithstanding anything else contained in this award,
Section I - Employees Other Than Station Hands, shall not apply to any employee
engaged by the employer to work on a weekly basis under Section II - Station
Hands, during any time the employee is employed in shearing or crutching
operations of that employer.
However, this clause shall not apply to any station hand
engaged by the week who works in the employer's shearing shed during the period
commencing one week before the actual shearing or crutching begins and who is
discharged during the week after shearing or crutching actually ends.
In such case, the employee shall be paid station hand rates
when performing work covered by the said Section II and shearing rates when
performing work covered by the said Section I.
SECTION I - EMPLOYEES
OTHER THAN STATION HANDS
4. ENGAGEMENT AND
CONTRACTS OF SHEARERS, ETC.
(a) Before the
commencement of work for which an employee within this section of the award has
been engaged, the employer and the employee shall sign a written agreement in
the terms of or to the effect of the provisions of the agreement in Schedule
"A" - Agreements, appropriate to the employee's classification.
Failure to sign such agreement before the commencement of work shall be a
breach of this award by both the employer and the employee.
(b) An employee
shall, upon being required to do so, sign an agreement in accordance with this
clause at any time prior to the commencement of the work for which the employee
has been engaged. If a copy of the agreement is not subject by law to any stamp
or other duty or tax, the employer shall provide the employee with a copy free
of charge.
(c) The terms
and conditions of this award and of the form of agreement in Schedule
"A" appropriate to the classification of an employee shall apply to
the employment of an employee and shall be binding upon the employer and
employee.
(d) The employer
and employee shall observe and comply with the terms and conditions of the
employment binding upon the employer and the employee under subclause (c) of
this clause. Failure to do so shall be a breach of this award, but this
subclause shall not prejudicially affect the ordinary civil rights and remedies
of the employer and the employee in respect of any breach of contract.
(e) The minimum
rates to be paid by employers to employees under any such agreement shall be
those prescribed in this award.
(f) In all
agreements of employment the maximum number of sheep specified shall not exceed
the minimum number specified by more than one-fourth of the minimum specified.
(g) The
employer, at his/her option, shall engage the employee at either
"found" or "not found" rates of pay.
(h) This clause
shall not apply to a cook who is to work solely for "not found"
employees.
5. AWARD MODERNISATION
(a) The parties
to this award are committed to continual negotiations to modernise the award
and ensure it meets Commission principles.
(b) In
particular, the parties are committed to negotiations on award restructuring
and the areas to be considered shall include, but not be limited to, the
following:
(i) Establishing
skill related career paths which provide an incentive for workers to continue
to participate in skill formation.
(ii) Eliminating
impediments to multi-skilling and broadening the range of tasks which a worker
may be required to perform.
(iii) Creating
appropriate relativities between different categories of workers within the
award and at enterprise level.
(iv) Ensuring
that working patterns and arrangements enhance flexibility and the efficiency
of the industry.
(v) Including
properly fixed minimum rates for classifications in awards, related
approximately to one another, with any amounts in excess of these properly
fixed minimum rates being expressed as supplementary payments.
(vi) Updating
and/or rationalising the list of respondents to awards.
(vii) Addressing
any cases where award provisions discriminate against sections of the
workforce.
6. EMPLOYEE ENGAGED FOR
RUN OF SHEDS
When an employee, who has agreed with the one employer to
work at a number of sheds successively in connection with shearing or crutching
operations, fails to present themself for work at one of the sheds on the day
and at the time appointed, or abandons work or commits any other breach of the
agreement in respect of work at such shed such as entitles the employer to
determine employment there, the employer may elect to determine employment and
to treat all agreements or other arrangements for the sheds not yet worked as
being no longer binding upon the employer. Provided that if the employer does
so elect, the employer must do so forthwith and if the whereabouts of the
employee are known the employer must promptly notify the employee of such
election.
7. CONTRACTORS AND OTHERS
No principal shall enter into any contract for the carrying
on of any work mentioned in subclause (a) of clause 11, Rates for Crutching,
with any contractor unless the contract with such contractor contains clauses:
(i) binding the
contractor to pay employees the rates and to observe the conditions set out in
this award in respect of such work;
(ii) entitling
the principal to terminate the contract in the event of failure by the
contractor to pay such rates or observe such conditions; and
(iii) binding the
principal to assume responsibility to the extent of any moneys due by them to
the contractor for the payment of all wages due by the contractor to employees
for such work.
8. SHED REPRESENTATIVE AND
CONSULTATIVE MECHANISM
(a) In respect
of any shearing or crutching operation conducted pursuant to this award, the
employees engaged for that operation may, either prior to the commencement of
that operation or at smoko on the first day fixed for operations, elect one of
their number to be the representative of all the employees engaged in that
operation for the following purposes:
(i) In respect
of negotiations between the employer and employees;
(ii) in respect
of observance of the provisions of the award; and
(iii) in respect
of consultations and negotiations with the employer on matters concerning
efficiency and productivity.
However, the election of such representative under this
clause shall not affect the rights or obligations of the union to represent the
interests of the employees as provided for in this award or pursuant to the Industrial Relations Act 1996.
(b) If the shed
representative should vacate office or become unavailable for the residue of
the anticipated period of operations, the employees may elect another of their
number to perform the functions referred to in subclause (a) of this clause.
9. EMPLOYMENT OF SHED HAND
OR WOOLPRESSER-SHED HAND
(a) When an
employer agrees with a person to employ that person as a shed hand or
woolpresser-shed hand (combined duties) to commence work at a shed on a
specified date, the employer shall, subject to this award, pay the employee at
the rates as set out in Part B, Monetary Rates, from such specified date to the
end of the day upon which the shearing (or crutching) ceases, always provided
that such person:
(i) attends the
shed and is ready, willing and able to work at all times; and
(ii) works as a
general useful hand in or about the shed if required to do so by the employer
during such runs when shearing (or crutching) is taking place and also during
periods for which any payment is made in accordance with this award when
shearing (or crutching) may not be taking place.
(b) Shed hands
and woolpressers and/or shed hand-woolpressers (combined duties) shall be paid
by the run, provided that:
(i) On any day
on which the employer attends for duty the employee shall be guaranteed a
minimum daily payment for two runs.
(ii) Further, if
sheep are voted wet at the commencement of the third or fourth run, then they
shall be paid for all completed runs on that day together with the run due to
commence or partly completed at the time sheep are voted wet.
(iii) The minimum
payment of two runs per day prescribed herein shall not apply where an employee
is not required to attend for work because of wet weather, provided that the
employee is advised on each preceding day that the employee shall not be
required to attend, or is advised by the employer of a starting time more than
24 hours hence.
(c) When
employees have mixed functions (e.g., as woolpresser and shed hand) they shall
be treated, for the purposes of calculating their pay, as if they were employed
only to perform such of their functions as carry the higher minimum rate under
this award.
(d) Woolpresser-shed
hands and shed hands shall weigh, brand, stack and carry wool to the press
without extra payment.
(e) An employer
may direct a shed hand to carry out the duties of a woolpresser, provided that:
(i) the
employee shall only be required to perform those duties of woolpresser that are
within the limits of that employee's skill, competence and training; and
(ii) the
performance of such duties does not involve either an alteration to the
employee's classification or a major and substantial change in the duties
normally performed by the employee; and
(iii) such a
direction shall be given only in the pursuit of the efficient conduct of a
shearing or crutching operation in circumstances of unavailability of a
contracted woolpresser for a limited period.
10. RATES FOR SHEARERS
(a) The minimum
rates for shearing shall be, if "not found":
(i) For flock
sheep (wethers, ewes and lambs) by machine - the amount per 100 as set out in
Table 1 - Rates of Pay, of Part B, Monetary Rates. Provided that where
employees provide their own handpiece the rate shall be the amount per 100 as
set out in the said Table 1.
(ii) For rams
(other than special stud rams) and ram stags - double the rate for flock sheep.
(iii) For stud
ewes and their lambs - one and one-quarter times the rate for flock sheep.
(iv) For
double-fleeced sheep - one and one-third times the rate prescribed appropriate
to the class of sheep.
(v) For hand
shearing - 7.5 per cent additional to the rate for each class of sheep
(vi) If shearers
are required to provide their own stud combs they shall be paid 25 per cent
additional to the rate for each class of sheep.
(vii) For special
stud - as agreed.
If "found":
(viii) The rates
prescribed above, less the amount per day as set in Table 1.
(ix) Engaged by
the day - The amount as set out in Table 1.
(b) For the
purpose of this clause:
"Rams" means rams over six months old.
"Rams Stags" means rams, which have been castrated
after they have attained 18 months.
"Stud Ewes" means ewes with tags in their ears and
from which rams are bred for sale or station use, but the term does not include
ewes of the flock which have tags in their ears for the purpose of
identification other than for stud purposes.
"Double-fleeced" means a sheep carrying two years'
fleece.
11. RATES FOR CRUTCHING
The minimum rates for crutching at sheds shall be:
(a) Piecework
rates - If "not found", classification and their respective rates as
set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
A crutcher who supplies and uses their own handpieces in
crutching operation, in addition to the payment per 100 contained in this
clause, shall be paid a further amount per 100 sheep crutched as set out in the
said Table 1 for such supply and use of their own handpiece.
For purposes of this clause "rams", "rams
stags" and "stud ewes" shall have the meaning given to them
respectively in subclause (b) of clause 10, Rates for Shearers.
(b) Piecework
rates - If "found", the rates prescribed in subclause (a) of this
clause less an amount as set in the said Table 1.
(c) Per day - If
the engagement is per day, the rates payable are as set out in Table 1.
12. RATES FOR SHED HANDS
The minimum rates for shed hands and generally useful hands
for shearing or crutching shall be as set out in Table 1 - Rates of Pay, of
Part B, Monetary Rates.
13. RATES FOR WOOLPRESSERS
(a) The minimum
rates to be paid for woolpressing by employees engaged at piecework rates shall
be:
If "not found":
(i) For
pressing - the amount as set out in Table 1 - Rates of Pay, of Part B, Monetary
Rates.
(ii) For weighing
and branding bales - an extra amount as set in the said Table 1.
(iii) For
stacking bales, that is, placing one bale on top of another - an additional
rate to be agreed mutually.
(iv) If the total
sum which the woolpresser would receive amounts to less than the amount as set
out in paragraph (i) of this subclause, the employer shall pay the deficiency
to the employee.
If "found":
(v) The
abovementioned rates less the amount per week as set out in the said Table 1.
(b) Woolpressers
engaged at piecework rates shall, for all wool pressed by them, be paid wholly
per bale or wholly per kg and shall, as to greasy wool paid per kg, be paid as
for an average of 140 kg per bale if the bales pressed average less than that
weight.
(c) The minimum
rates to be paid for woolpressing by the employees engaged at timework rates
shall be as set out in Table 1.
However, where woolpressers engaged at timework rates would
have earned more at a particular shearing than the weekly minimum calculation
(by multiplying the per run rate by the number of runs they would have been
paid for) if they had been engaged at piecework rates, then they shall be paid
off at the piecework rates pursuant to paragraph (i) of subclause (a) of this
clause.
14. RATES FOR SHEARING COOKS
(a) The minimum
rates to be paid to employees for acting as cook in connection with shearing or
crutching operations shall be an amount as set out in Table 1 - Rates of Pay,
of Part B - Monetary Rates, per day "found" for every employee
excepting himself/herself for whom the employee cooks. However, if the total
amount which the cook would receive under this subclause for the term of their
employment amounts to less than the amount as set out in the said Table 1 per
day "found" for himself/herself, after paying the necessary
offsiders, the employer shall pay the deficiency to the employee.
(b) Where a
separate table is kept for the staff and the cook or his/her offsider has to
take the meals to such table, the employee shall receive an additional payment
per week of one- quarter of the rate, for each person of the separate table for
whom the employee cooks.
15. SMOKE-OH LUNCHES
(a) Where the
shearing shed is within 229 metres' walking distance from the kitchen, smoke-oh
lunches are to be held in the shed except:
(i) where an
offsider is employed; or
(ii) in the case
of a cook of a mess of ten men or less.
16. HOURS OF WORK OF
SHEARING EMPLOYEES
Shearers and Crutchers -
(a) Subject to
subclauses (b) and (c) of this clause, the ordinary working hours of shearers
and crutchers shall be 40 per week, and shall be worked in two-hour runs
between the hours of 7.30 a.m. and 9.30 a.m.; 10.00 a.m. and noon; 1.00 p.m.
and 3.00 p.m.; 3.30 p.m. and 5.30 p.m.; on Monday to Friday inclusive or such
other hours, not exceeding eight on any day from Monday to Friday inclusive, as
may be agreed between the employer and a majority of the shearers or crutchers
at any particular shed. Provided that in the event of the majority of the
shearers or crutchers failing to agree to the substitution of some other hours
in place of such ordinary working hours, for the purpose of ensuring against a
failure of sufficient daylight to complete the eight hours of the working time
during the months of May, June, July and August on working days, the employer
may, after informing the employees on each occasion of the intention to do so
and of the extent of the advancement, advance the clock to an extent not
exceeding one half-hour in a day, whereupon the hours of the runs shall be
taken from the clock so advanced so that the length of each run shall be of two
hours as above prescribed.
But:
(i) Where the
tail end of a mob of ewes with lambs or unweaned lambs are in the pens at 5.30
p.m. on Friday, awaiting shearing (or crutching), the shearing (or crutching)
may, at the option of the employer, be continued for not more than half an
hour, but so far only as may be necessary for the purpose of shearing (or
crutching) the said ewes and/or lambs.
(ii) If not more
than three sheep per employee are left in the pens at 5.30 p.m. on Friday, they
may, at the option of the employer, be shorn (or crutched) then for the purpose
of cutting out a particular flock.
(iii) If on the
day of the cut-out, there remains in the pens after the last run of the day
such number of sheep as could be ordinarily shorn (or crutched) in 30 minutes,
the shearing (or crutching), at the option of the employer, may be continued
until such sheep are shorn (or crutched).
(b) Where a
shearer or crutcher has not completed 40 hours work during the preceding week,
or eight hours per day if the shearing commenced later in the week, by reason
of the fact that, pursuant to clause 40, Wet Sheep, sheep presented for
shearing or crutching are voted wet or, pursuant to clause 332 Provision of Sheep,
sheep are not presented for shearing or crutching because of rain or sweating,
a shearer or crutcher may be required by the employer to work on a Saturday
and/or Sunday immediately succeeding the week in which work could not be
performed for the above reasons, only provided that -
(i) No shearer
or crutcher shall be required to do work unless the shearer or crutcher has,
prior to engagement or the commencement of the shearing or crutching operation,
signified on his/her clause 4, Engagement and Contracts of Shearers, etc.,
agreement that the employee is willing to work Saturday and/or Sunday in
accordance with this subclause.
(ii) Any work
performed on a Saturday or a Sunday pursuant to this subclause must be
performed in accordance with the run schedules prescribed for work during the
week pursuant to subclause (a) of this clause.
(iii) Any work
performed on a weekend pursuant to this subclause must be performed from the
commencement of the first available run after the condition of the sheep
permits their shearing or crutching; except that, by agreement between the
employer and the employee, another or other mutually convenient run or runs
available on that weekend may be substituted.
(iv) Such work on
Saturday and/or Sunday will only replace the time lost during the preceding
week.
(v) The employer
shall give the shearer or crutcher who has signified his/her willingness to
work the weekend reasonable notice, as specified in the said clause 4
agreement, of the requirement for the performance of work on any such weekend
pursuant to this subclause.
(vi) Nothing in
this subclause derogates from the operation of the clauses 32 and 40.
(vii) In this
subclause "week" means Monday to Friday, "weekend" means
Saturday and/or Sunday and clause 4 agreement is the agreement required by
clause 4, Engagement and Contracts of Shearers, etc., read in conjunction with
Schedule "A" - Agreements.
(c) A signal
shall be given three minutes (one minute in the case of crutching) before the
end of each run, and no shearer (or crutcher) shall catch another sheep during
that run after such signal has been given.
(d) The
employees shall finish the shearing (or crutching) of any sheep they are
shearing (or crutching) at the end of each run.
(e) Notwithstanding
anything elsewhere provided in this award, no employee shall perform shearing
and/or crutching other than during the hours and in accordance with the
requirements prescribed by this clause.
Shed Hands and Woolpresser-Shed Hands -
(a) The working
hours of a shed hand or of a woolpresser and shed hand (combined duties) shall
be the same as the working hours of the shearers or crutchers, with such
additional time each day as may be necessary to finish the picking up, the
rolling of fleece, the picking of the pieces on the tables and to sweep the
floor of the shed. Also, such additional time after the cessation of shearing
or crutching on Friday and on the day of the cut-out as may be necessary to do
the work abovementioned, and to wash down the floor of the shed and the wool
tables, and to put away any wool that is underneath and, in addition, in the
case of woolpresser and shed hand (combined duties), such additional time as
may be necessary on the day of the cut-out to finish the pressing.
(b) If on any
day, except the day of the cut-out, the additional time exceeds a total of 30
minutes, the whole of the additional time on that day shall be treated as
overtime.
(c) Overtime
shall be paid for at the rate of time and one-half.
(d) Penners-up
shall work, without overtime payment, such time additional to the working hours
of the shearers or crutchers as may be necessary to keep the shearers or
crutchers supplied with sheep.
Timework Woolpresser -
(a) The ordinary
working hours of timework woolpressers will be the same as the working hours of
the shearers or crutchers, with such additional time on the day of the cut-out
as may be necessary to finish off the pressing.
(b) For any time
worked in excess of ordinary working hours, payment shall be made at the rate
of time and one-half.
Woolpresser on Piecework Working After Hours -
Notwithstanding anything contained in this award, the woolpresser on piecework
shall be allowed to work such additional hours as may be necessary to keep the
shed clear from wool.
17. DUTIES OF WOOLPRESSERS
(a) A
woolpresser or woolpresser-shed hand shall, with all reasonable despatch and in
an efficient manner, press all the wool shorn (or crutched) which the employer
shall require him/her to press at the shearing or crutching operations for
which the employee is engaged.
(b) The employee
will also, in like manner, weigh, brand and stack any of the said wool, if and
as required by the employer, subject, in the case of a piecework woolpresser,
to the observance of the provisions of clause 13, Rates for Woolpressers.
(c) The employee
will press and sew the bales in the manner and, as nearly as practicable, to
the weight directed by the overseer, and will remove all clippings and string
from the inside of the bales, and clear away such clippings and string and all
loose wool from the portion of the shed occupied for woolpressing.
(d) An employer
may direct a woolpresser to carry out the duties of a shed hand, provided that:
(i) the
employee shall only be required to perform those duties of a shed hand that are
within the limits of that employee's skill, competence and training;
(ii) the
performance of such duties does not involve either an alteration in the
employee's classification or a major and substantial change in the duties
normally performed by the employee;
(iii) such a
direction shall be given only in the pursuit of the efficient conduct of a
shearing or crutching operation in circumstances of unavailability of a
contracted shed hand for a limited period.
18. EMPLOYMENT OF LEARNERS
(a) Herein
"learner" means a shearer or intending shearer who has not yet shorn
five thousand sheep.
(b) Of every
four stands used at shearing operations and in shearing operations where four
stands only are used, one at least shall be given to or reserved for a learner.
Provided that a learner who starts in a shed as a learner may continue to be
regarded as a learner under this clause for a run of sheds, although the
employee becomes a shearer, not a learner, before the run of sheds is
completed.
(c) It shall be
obligatory upon such learner to produce to the employer or intended employer,
or any authorised representative or any of the parties to this award, if and
when required, a certificate in the following form, showing the number of sheep
the employee has shorn:
Learner's Certificate
To Be Presented at
Each Shearing
Issued to
......................................................................................................
Home address
................................................................................................
Date of issue of certificate Age
............................................................................
Date
|
Station
|
Total Sheep shorn
|
Average Tally per day (whole days)
|
Signature of owner or manager or shed overseer
|
Signature of learner
|
No. of Sheep Shorn prior to issue of this certificate
|
(d) The earnings
of a learner employed in a shed of four or more stands shall be not less than
the earnings to which he/she would have been entitled had he/she been employed
for the same period as an adult shed hand based on the number of runs actually
paid in the preceding week for an adult shed hand, plus an amount as set out in
Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for
combs and cutters. Provided that the foregoing obligation upon the employer to
make such guaranteed payment shall only apply to one specified learner where
four stands only are used and to one specified learner in every four stands
used where more than four stands are used at the shearing. The agreement of
such specified learner shall be endorsed "learner" at the time it is
signed.
(e) The
provisions of this clause shall not apply to stud shearings.
19. ADDITIONAL RATES FOR
WORK ON PUBLIC HOLIDAYS
(a) All work
performed by employees on New Year's Day, Australia Day, Good Friday, Easter
Monday, Anzac Day, Birthday of the Sovereign, Labour Day, Christmas Day and
Boxing Day shall be paid for at double rates.
Where Christmas Day, Boxing Day or New Year's Day falls on a
Saturday or Sunday, such holiday or holidays shall be observed on the next
succeeding working day or days, which shall be deemed a holiday or holidays in
lieu of the days named.
However, if any day is gazetted in lieu of one of the
abovementioned holidays, such day shall be deemed to be a holiday for the
purpose of this award.
(b) For the
purposes of this clause, double rates shall mean:
(i) where the
rate of wages is a piecework rate, an amount equal to twice the piecework rate
for any work performed on any such days;
(ii) where the
rate of wages is a per run rate, an amount equal to twice the per run rate for
any work performed on any of such days;
(iii) cooks shall
receive an amount equal to twice the daily rate for any work performed on any
such days.
(c) Employees
shall not be entitled to payment for public holidays unless worked.
20. BARROWING
No employer shall permit barrowing during smoke-ohs or meal
hours if it interferes in any way with the smoke-ohs or meal hours of any
member of the union, other than the barrower.
21. TRANSPORT WHILST AT SHED
(a) Where the
employees sleep at the employer's premises and the shearing shed is 800 metres
or more walking distance from the employees' sleeping quarters, the employer
shall provide transport for the employees between the shed and the sleeping
quarters before the start of the day's work, and at the end of the day's work.
(b) Also, in all
cases where the shearing shed is 400 metres or more walking distance from the
employees' huts the employer shall provide transport from the shed to the huts
and from the huts to the shed for the midday meal.
22. ALLOWANCE WHERE SLEEPING
QUARTERS ARE NOT PROVIDED
(a) Where the
employees do not reside during a shearing (or crutching) at their home or usual
place of residence and the employees are forced to obtain and pay for sleeping
quarters away from the employer's premises because the employer is unable to
provide sleeping quarters at the premises for the employees, the employer
shall:
(i) arrange for
sleeping quarters for the employees to be supplied elsewhere at the employer's
expense; or
(ii) pay to each
employee an allowance per night as set out in Item 2 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, for each night during the employee's
employment that the employee is so forced to obtain and pay for sleeping
quarters; and, where the distance is 800 metres or more walking distance
between the employee's sleeping quarters and the shed, provide or pay for the
transport of the employee between the sleeping quarters and the shed; and,
where the time taken in journeying by the most direct route between the
sleeping quarters and the shed exceeds in the total for one day, one hour, pay
the employee an allowance for travelling time for such excess time at the rate
as set out in Item 3 of the said Table 2.
(b) Where an
employee resides during a shearing (or crutching) at his/her home or usual
place of residence and travels daily to the shed, the following provisions
shall apply, subject to subclause (c) of this clause:
(i) Travelling
Allowance - Shearers or Crutchers Only - Where the distance between the shed
and the employee's place of abode exceeds 65 km by the most direct practicable
route the employer shall pay to the employee a travelling allowance per day as
set out in Item 4 of the said Table 2 for each day upon which the employee so
travels.
(ii) Vehicle
Allowance - All Employees - Where an employee, by prior arrangement and
agreement with the employer, uses his/her own motor vehicle to travel to and
from the shed the employee shall be paid a vehicle allowance per kilometre as
set out in Item 5 of Table 2 for travel by the most direct route practicable
between the shed and his/her place of abode.
(c) Subclause
(b) of this clause shall not apply in any case where the employer offers the
employee suitable accommodation at the shed and the employee chooses not to use
it. For the purpose of this subclause, suitable accommodation shall mean
accommodation which conforms with the requirements of the Rural Workers' Accommodation Act 1969.
23. MESS AND COOK
(a) "Found"
employees - The employer shall, during the term of employment, provide the
employees engaged at "found" rates with good and sufficient rations
cooked by a competent cook.
(b) "Not
found" employees - An employee engaged at a shearing or crutching at
"not found" rates of pay will be responsible for his/her own rations
and cooking.
Where a mess is established for "found" employees,
"not found" employees may, with the approval of the employer, join
the mess with those "found" and provide their own rations. Provided
that the employer shall have the right to supply a sufficient quantity of
rations of good quality to start the mess and such rations shall be accepted
and paid for by the mess.
(c) Where there
is a joint mess:
(i) The
employer shall engage a cook for the mess on terms not less advantageous to the
cook than those prescribed by this award.
(ii) The rations
provided by the employer for the employees to be "found" by him/her
will be on the same scale as to quality and quantity as the rations provided
for those not to be so "found".
(iii) A majority
of the "not found" members of the mess, after a cook engaged by the
employer has cooked for the mess for not less than two days, may request the
employer to discharge the cook and the employer shall thereupon discharge
him/her.
(iv) In the event
of the employer finding it not possible to secure a cook for the start of the
shearing or the said cook leaving or being discharged for any cause during the
shearing or crutching operations, the employees shall not be entitled to any
compensation in respect thereof, but in such event the employer shall
immediately make every endeavour to secure a cook to fill such vacancy.
(v) The employer
shall be entitled to charge to each "not found" employee the amount
of his/her share of wages actually payable to the cook, provided that the
employee shall not be charged an amount in excess of the rate per day per
employee prescribed in clause 14, Rates for Shearing Cooks.
(vi) The employer
may, at his/her option, include in a joint mess the overseer, woolclasser,
expert, grinder, engine driver or other persons, although their meals are, by
direction of the employer or the overseer, to be served in a separate room.
(d) In the case
of a joint mess or of a "not found" mess:
(i) If the
employer supplies rations and shearers requisites, the employer shall post in a
easily viewable place the price list of such items. The price to be charged,
except in the case of meat, shall not exceed the cost price with carriage
added. The price of meat shall be the amount as set out in Item 6 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(ii) When
suitable ration sheep are not available and the employer has to purchase ration
sheep or meat in order to supply meat to the mess the employer shall be
entitled to charge to the mess the actual cost price of the meat supplied.
(iii) The
employer shall provide the cook with a passbook and have correctly entered in
the passbook on each occasion of supplying the particulars and prices of
rations supplied by the employer and the dates when the several members of the
mess are respectively engaged and discharged.
(iv) Where
rations are obtained elsewhere than at the station store, the employer shall
pay the price on written order or orders given to the employer by members of
the mess, or by any person authorised by them to give the order, and will debit
the mess account with the price and at the end of the shearing debit the members
of the mess with their respective shares.
(v) If the
employer discharges a "not found" member of the mess who has not
credited a sufficient sum to satisfy what is due by the member to the mess
account, the employer will make up the deficiency, except so far as the
employee's share of the mess account has been increased by goods purchased
elsewhere than from the employer.
24. DESIGN OF SHEDS
(a) A minimum
space of 1.5 metres shall be provided for each shearer or crutcher on the
board.
(b) Where sheep
have to be usually taken more than three metres from the centre of the pen gate
to a point 30 centimetres directly in front of the perpendicular tube of the
stand, an allowance at a rate to be mutually agreed between the employer and
the employee shall be paid to the employee.
25. EQUIPMENT OF SHEDS
(a) The employer
shall provide all the shearing machines required and suitable machinery in good
order and competent and sufficient persons to keep the machines in order and to
operate the machines. The employee shall exercise proper care in the use and
handling of shearing machines. Notwithstanding the foregoing an employee may,
with the consent of the employer, provide and use his/her own handpiece in
which case he/she shall be paid the additional rates for shearing and/or
crutching as prescribed in clauses 10, Rates for Shearers, and 11, Rates for
Crutching.
(b) For every
six or fewer hand shearers (or crutchers) employed the employer shall provide
at least one grindstone.
(c) The employer
shall provide for the wool pressing a press in good order and condition, and
all other articles as may be necessary for pressing and incidental operations.
26. BREAKDOWN OF MACHINERY -
ALLOWANCE FOR DELAYS AND TERMINATION OF AGREEMENTS
(a) Where a
shearer or crutcher or a piecework woolpresser is stopped from working through
a breakage or failure of machinery, except from any cause over which the
employer has no control, and the total period of all such stoppages which occur
in any one week exceeds two hours' working time, the employer shall pay to the
employee an allowance at the rate per day as set out in Item 7 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, in the case of "not
found" employees and at the rate per day also set out in the said Item 7
in the case of "found" employees for every day or part of a day
beyond two hours of working time in any one week as long as there are sheep fit
to shear.
But the employer may, on or after the expiration of one week
from the beginning of the stoppage (unless in the meantime the agreement be
terminated by mutual consent), terminate the agreement with the employee of
his/her own will.
Provided that where an employee provides his/her own
handpiece he/she shall be paid at the rate set out in the said Item 7.
(b) In the case
of a cook or a shed hand, or a timework woolpresser, or a woolpresser and shed
hand (combined duties), if the shearing or crutching operations come to an end
because of the breakdown or failure of machinery or other cause the employer may,
on or after the expiration of one week from the beginning of the stoppage,
terminate the agreement of his/her own will.
27. USE OF CERTAIN COMBS
PROHIBITED
(a) Unless the
employee elects to do so with the express approval of the employer, no shearer
or crutcher shall use or be required to use any comb wider than 64 millimetres
between the points of the outside teeth. Provided that in any case no shearer
or crutcher shall use or be permitted to use any comb wider than 92 millimetres
between the points of the outside teeth.
(b) Provided
further that subject to fair wear and tear as to thickness, all combs used by a
shearer or crutcher shall comply in all respects with the manufacturer's
specifications for that particular comb.
(c) There shall
be established, under the auspices of the Industrial Relations Commission of
New South Wales, a committee with membership open to nominated representatives
of the union, the employers and manufacturers to investigate and report to the
Commission on the following:
(i) The design
parameters for a standard width comb with the capacity to successfully shear
and crutch all types of sheep in New South Wales.
(ii) Any new
method or device developed for the shearing or crutching of sheep, including
the technological advancement of existing equipment which would require an
award variation.
28. COMBS AND CUTTERS
(a) It shall be
the responsibility of the employees to provide themselves with combs and
cutters. If an employer supplies combs and cutters the employer shall post in
an easily visible place the price list of such items and shall not charge more
than their cost price with carriage added.
(b) Where, at a
particular shearing or crutching, excessive wear of combs and cutters is caused
by abnormal conditions, the employer will compensate the employee for such
excessive wear.
29. ALLOTMENT OF STANDS
The employer may nominate the stand or stands to be occupied
by learners. Subject to the foregoing, lots shall be drawn for the stands in
the presence of the overseer before work is commenced at a shearing or
crutching, and the employee shall abide by the result of the drawing.
30. WORKING REGULATIONS FOR
SHEARERS AND CRUTCHERS
(a) While their
pen is being filled no shearer or crutcher shall catch any sheep therefrom, but
shall catch from such pen as the overseer may direct. No shearer or crutcher
shall catch any sheep or bring one on to the board after the signal to cease
work. The overseer shall not permit any breach of this subclause.
(b) The sheep
shall be taken carefully by the employee from the pen to the board.
(c) In shearing:
(i) the
employee shall take off the belly wool first and lay it aside and, when
required by the employer, the employee shall shear over the tail when shearing
the first side;
(ii) in opening
the fleece at the neck and belly, the machine or (if shears are used) both
blades of the shears will be kept under the wool and close to the skin, so as
to avoid twice cutting, and the employee will not run the machine or shears
through the fleece so as to break it down the centre or the back.
(d) Subject to
this award, the employee shall shear (or crutch) with all reasonable despatch
and in an efficient manner all the sheep which the employer shall require
him/her to shear (or crutch) at the shearing (or crutching) operations for
which the employee is engaged.
31. INJURIES TO SHEEP
(a) If a shearer
or crutcher badly cuts a sheep or if a sheep be insufficiently tarred the
employee will at once sew and tar the cut or dress the sheep as directed by the
overseer; but in other cases the employee shall not be required to tar the
sheep.
(b) The employee
shall not kick, kneel upon or otherwise injure or ill-use any sheep.
(c) If he/she
seriously injures any sheep or cuts the teat or the vulva of any ewe or the
pizzle of any ram or wether, the sheep will, at the option of the employer:
(i) be kept by
the employer; or
(ii) if fit for
food, be charged to the mess account at the mess rate; or
(iii) be charged
to the employee at the average per sheep mess rate (if any) or at such rate as
may be mutually agreed.
(d) If the
employee is charged with the sheep it will thereupon become his/her property,
unless the damage to the sheep is wilfully done, in which case the sheep will
not become his/her property, even if the employee is charged with it.
(e) The employee
shall immediately report the fact of the injury or cut to the person in charge
of the shed, and if he/she fails to so report he/she may be charged in addition
to any of the foregoing charges a further amount as set out in Item 8 of Table
2 - Other Rates and Allowances, of Part B, Monetary Rates, in respect of each
sheep concerned.
32. PROVISION OF SHEEP
(a) The total
number of sheep to be shorn (or crutched) at the shearing (or crutching) shall
not be more than the maximum number agreed upon or less than the minimum number
agreed upon, nor shall the number of shearers employed exceed the number agreed
upon.
(b) Subject to
this award, the employer shall be ready to commence shearing (or crutching) on
the date appointed and will keep the shearers (or crutchers) fully supplied
with sheep until the completion of the shearing (or crutching).
However, the employer shall not be bound to supply the
agreed minimum number of sheep or to be so ready or to so keep the employee
fully supplied if the employer is prevented from doing so by any reasonably
unavoidable cause.
Also, when the employer is a contractor shearing (crutching)
sheep under contract with an owner or his/her agent, the failure of the owner
or his/her agent to keep the contractor supplied with sheep for shearing
(crutching) shall not be deemed to be a reasonably unavoidable cause by the
contractor unless the owner or his/her agent is prevented from supplying sheep
because of any reasonably unavoidable cause.
33. YARDING SHEEP FOR
SHEARING
(a) At shearing
operations the employer shall, unless prevented by any reasonably unavoidable
cause, yard the sheep for shearing at least four hours before the time of their
being shorn so as to overcome any fullness or sweat wet in such sheep and the
employee shall thereupon shear such sheep with all reasonable despatch and
without any delay whatsoever.
(b) This clause
shall not apply in the case of:
(i) ewes within
two months of lambing;
(ii) ewes with
lambs up to three months old;
(iii) sheep which
have previously been yarded for shearing but have been turned out because they
are too wet to shear.
34. WITHDRAWAL OF SHEEP
The employer may temporarily withhold or withdraw sheep,
which have been put under cover when circumstances render such withdrawal
necessary to prevent death or injury to sheep or lambs or the starving of sheep
or lambs, without responsibility for any resultant delay.
35. POSTING OF TALLIES
(a) The employer
shall cause the total tally of each day of the shearers or crutchers to be
posted on or before the next day on a tally board in the shed and will daily
supply to each shearer or crutcher, in writing, their tally for the day.
(b) The employer
shall either supply the woolpresser each morning with a correct written
statement of the amount of wool pressed on the previous day or else will allow
the employee access at all convenient times to the books showing the amount of
wool pressed.
36. COOK'S DUTIES, ETC.
(a) A cook will
perform his/her duties with reasonable despatch and in an efficient manner.
(b) The total
number of persons for whom an employee is to cook will not, on the average of
the shearing or crutching, be less than the minimum number agreed upon or more
than the maximum number agreed upon. However, if any of the employees to be
cooked for strike, or wilfully cease work against the direction of the
employer, the employee shall be entitled to payment of wages in respect only of
those employees who do not strike or cease work.
(c) The employee
will provide at his/her own expense such suitable assistant or assistants of
good behaviour as may be necessary for proper cooking and serving of food.
(d) The employee
will be responsible for all rations supplied and will, at the end of his/her
engagement, give up to the employer all unused rations.
(e) Cooks and
cooks' offsiders shall not be required to slaughter sheep or cattle for the
mess.
(f) Where no
offsider is employed, wood shall be supplied to the cook split in lengths
suitable for use in stove, range, oven or other convenience supplied in the
kitchen. Provided that it shall not be necessary for such wood to be supplied
cut in short lengths for the dining room or outside fires.
37. ABSENCE FROM WORK,
LEAVING, DISCHARGE
(a) Every
employee, other than a cook, will be at the station ready to begin work on the
day appointed. If the employee is not ready to begin by noon on that day the
employer may treat the employee as having repudiated the contract of employment
and shall not be bound to keep a position open for the employee.
(b) A cook
engaged for shearing or crutching operations will attend at the station for
duty not later than the time fixed for the commencement of the shearing, and if
he/she does not so attend the employer may treat them as having repudiated the
agreement and may treat the employment as terminated.
(c) The employee
will not be absent from work except in the case of illness or except as
hereinafter provided.
(i) The
employee may be discharged by the employer for incompetence or for misconduct
or for an absence from work through illness for a period of a week, unless
during that week the employee resides on the employer's property or at some
other address notified to the employer from which the employer could promptly
obtain information on the employee's health and the date of their likely return
to work. Provided that a woolpresser may be discharged for an absence through
illness for a period of three days.
(ii) The
employee may leave in consequence of accident, sickness or other urgent
necessity.
(iii) The
employee may leave with the permission of the employer, but such permission
shall not be given to a shearer, crutcher or wool presser by the employer for
reasons other than those set out in paragraph (ii) of this subclause, without
the consent of the majority of the shearers (or crutchers) and woolpressers
remaining.
(e) In the case
of a cook in a joint mess, if a majority of the "not found" members
of the joint mess, after the employee has cooked for the joint mess for at
least two days, request the employer to discharge the employee the employer
shall thereupon discharge the employee, but, except as to payment for work
done, shall not be liable in any way whatever in respect of the discharge made
in consequence of such request.
(f) When an
employee leaves or is discharged as provided in subclause (d) or (e) of this
clause, the employer will pay the employee in full to the extent of the work
done by him/her after deducting any sum for which the employee is liable to the
employer under this award (and if the employee is "not found") after
deducting in addition to the award daily mess deduction per day or any higher
rate per day that the majority of the members "not found" of the mess
remaining fix for his/her share of the mess to the date of leaving, the amount
deducted shall, after payment of the cook, be placed to the credit of the mess
account.
(g) When an
employee leaves employment otherwise than as provided in subclause (d) or (e)
of this clause, the employer shall deduct from the wages due to the employee
the deduction specified in subclause (f) of this clause and, in addition, a
shearer or crutcher shall forfeit not more than the amount as set out in Item 9
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, to the
employer and as to other employees an amount equivalent to one day's wages or
four runs work.
(h) An employee
not attending for duty shall lose pay for the actual time of such
non-attendance.
38. TRANSPORT IN CASE OF
ILLNESS OR DISCHARGE
The employer shall provide transport free of cost for the
employee in case of serious illness or injury to the nearest hospital and in
the case of discharge to the nearest mail route. However, this clause shall not
apply in the case of discharge where the employee has his/her own transport.
39. PAYMENT OF WAGES
(a) At the
commencement of shearing the employer or his/her agent shall appoint a certain
day upon which the employer shall in each and every week, if so required, pay
to the employee, or on the employee's order, the amount due over and above one
week's earnings.
(b) The employer
shall also pay at any time, on the request of the employee, any obligatory
contributions or charitable donations out of the employees weekly earnings.
However, the employer shall not be required to make payment in respect of any
such request, which may be presented to him/her less than 24 hours prior to the
cut-out.
(c) Any cheque
given by the employer to the employee will be drawn on a local bank or the
exchange will be added if payable.
(d) The employer
may deduct from wages due to an employee the charge for combs and cutters and
other requisites obtained from the employer.
(e) Where the
employee so requires, the employer shall render to the employee a detailed
statement of their account up to date on the day before the anticipated
completion of the shearing or crutching.
(f) Wages will
be reckoned to the end of the day upon which the employee finishes work.
(g) This
subclause shall apply only to an employee who ceases work before the completion
of the operations and who leaves or is discharged in accordance with subclauses
(d) or (e) of clause 37, Absence from Work, Leaving, Discharge.
Subject to subclause (i) of this clause, the employer shall
pay all monies due to the employee within two hours' working time of such
leaving or discharge. If the employer keeps the employee waiting at or about
the property or place of work for such payment for a time exceeding such two
hours, the employer shall pay the employee for such excess time, not exceeding
one week, at the rate as set out in Item 10 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(h) Subject to
subclause (i) of this clause, at cut-out the employer shall have the employee's
accounts prepared and shall commence making payments of monies due under this
award within three hours (excluding the ordinary breaks between runs) of the
cut-out and within four hours of the cut-out if it occurs in the last run of
the day. The payments shall be completed with reasonable despatch. If the
employer keeps the employee waiting for such payment for a time exceeding such
three hours (or four hours, as the case may be), the employer shall pay the
employee for such excess time between the cut-out and the commencement of
making payments at the rate set out in Item 11 of the said Table 2.
However, a time worker who receives a full day's pay for the
day of the cut-out shall not be entitled to the extra rate for any period of
delay which falls within the ordinary working hours on the day of the cut-out.
(i) Subclauses
(g) and (h) of this clause shall not apply to any employer:
(a) who cannot
pay the wages because of circumstances beyond his/her reasonable control, proof
of which shall be upon the employer; or
(b) who is
requested by the employee to pay otherwise.
(J) For the
purposes of this clause "cut-out" means the completion of the
shearing or crutching of the last sheep shorn or crutched or the termination of
the shearing or crutching under the employee's agreement.
40. WET SHEEP
(a) The employer
need not pen sheep for shearing (or crutching) which in his/her honest opinion
should not be shorn (or crutched) because they are too wet to be shorn (or
crutched) without responsibility for any delay.
(b) The employer
may withdraw sheep, which have been penned for shearing (or crutching) when, in
his/her honest opinion, the wool is too wet for pressing without responsibility
for any delay.
(c) The employee
may refuse to shear sheep (or crutch or dag or drench sheep, as the case may
be), without responsibility for any delay:
(i) if the
overseer and the shed representative agree that the sheep are too wet to shear
or crutch or dag or drench, as the case may be; or
(ii) if, in
his/her honest opinion, the sheep are so wet as to be likely to injure his/her
health, and the employee informs the overseer to that effect; or
(iii) if, in the
honest opinion of a majority of the shearers (or crutchers), excluding any
learner who is entitled under clause 18, Employment of Learners, to a
guaranteed minimum rate of earnings, by vote on a secret ballot, it is
determined that the sheep are too wet to shear (or crutch).
Provided that the vote need not be taken until after the
shearers (or crutchers) have (if the overseer so requests) shorn (or crutched)
two sheep each and that the ballot papers be counted in the presence of the
overseer if the overseer so requests.
(d) An employer
may require sheep which have been voted wet to be dried and voted upon again
more than once in the same day.
41. CANCEROUS, ETC., SHEEP
(a) The employee
may refuse to shear sheep (or crutch sheep, as the case may be):
(i) if they are
cancerous; or
(ii) if they are
actually suffering from scabby mouth; or
(iii) if they are
(unless properly treated with antiseptic) suffering from any offensive wound or
sore other than from maggots; or
(iv) if they are
suffering from any disease communicable to the employee.
(b) The employer
shall prevent from entering the shed:
(i) any
cancerous sheep;
(ii) (unless
properly treated with antiseptic) any sheep that has an offensive wound or
sore, other than from maggots;
and shall also prevent so far as it is practicable from
entering the shed:
(iii) any sheep
suffering from any disease communicable to the employee.
(c) Should any
such affected sheep appear on the board the employee shall put it down the
chute, unshorn (uncrutched).
42. SHEEP AFFECTED WITH
PRICKLY PEAR
The employee may refuse to shear or crutch, or to press the
wool of, any sheep if they are affected with prickly pear, unless the employer
provides the employee with such basil gloves and coverings as are necessary.
43. MEDICAL SUPPLIES
The employer shall provide a proper and sufficient stock of
the simpler kinds of medical and surgical remedies for sale to the employees at
cost price, with carriage added, and, for bodily injury resulting to the
employee from his/her work, the employer shall keep and provide free of charge
the bandages and antiseptics reasonably necessary for treatment of the injury.
44. SUPPLY OF SOAP, WATER
AND DISINFECTANT
The employer shall provide:
(i) a suitable
disinfectant in the sleeping quarters; and
(ii) a suitable
supply of soap and water at the shed for the use of employees for cleaning
purposes.
45. SUPERVISION OF SHEARING,
ETC., OPERATIONS
The shearing or crutching and incidental operations shall be
carried on under the direction of the employer or person in charge of the shed
(in this award called the overseer).
46. DELIVERY OF MAIL
The employer shall deliver to the employee with all
reasonable expedition all letters and mail matter addressed to the employee.
47. PROVISION OF CLOCKS
The employer shall keep in a conspicuous position in the
shed (and likewise in the shearing employees' quarters) a properly regulated
clock.
48. CONDUCT OF EMPLOYEE ON
STATION
An employee shall conduct himself/herself properly on the
property. If the employer so directs, the employee shall not bring or cause to
be brought, or, so far as can be helped, allow to be brought on to the property
any intoxicating liquor.
SECTION II - STATION
HANDS
49. CONTRACT OF EMPLOYMENT
(a) An employer
shall have the option of engaging a station hand on a full-time, part-time or
casual basis.
(b) If the
employment is full-time or part-time, employment shall be terminated by a
week's notice on either side, given at any time during the week, or by the
payment or forfeiture of one week's wages, as the case may be. This shall not
affect the right of the employer to dismiss any employee without notice in
certain circumstances for inefficiency, neglect of duty or misconduct, and in
such cases wages shall be paid up to the time of dismissal.
(c) A full-time
employee who wishes to convert to part-time shall be permitted to do so if the
employer agrees, subject to the conditions set out in this clause. If such an
employee transfers from full-time to part-time employment all accrued award,
overaward and legislative rights must be maintained and employment deemed to be
continuous.
A full-time employee who requests part-time work and is
given such work may revert to full-time employment on a specified future date
by agreement with the employer and recorded in writing.
No existing full-time employee shall be transferred by an
employer to part-time employment without the written consent of the employee.
An employer shall not terminate the employment of a
full-time employee with the intention of re-employment as a part-time employee.
(d) Where an
employee has given or been given notice in accordance with subclause (b) of
this clause the employee shall continue in employment until the date of
expiration of such notice. Any employee who, having given or been given notice
as aforesaid, absents himself/herself from work during such period without
reasonable cause (proof of which shall lie on the employee) shall be deemed to
have abandoned employment and shall not be entitled to payment for work done
within that period.
(e) An employee
not attending for duty shall, except as provided in clauses 51, Hours of Work,
Overtime and Sunday Work, 56, Public Holidays and Election Days, 57, Annual
Leave, and 58, Sick Leave, lose their pay for the actual time of such
non-attendance.
50. RATES OF PAY
(a) Station
Hands (other than Station Cooks)
(i) The minimum
rates to be paid to adult station hands engaged by the week without keep shall
be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(1) Station Hand
- Grade 1 - A person with less than 12 months' experience in the industry.
(2) General
Station Hand - Grade 2 - A person with at least 12 months' experience in the
industry as a station hand but who does not conform to the definition of senior
station hand.
(3) Senior
Station Hand - Grade 3 - A person who has at least two years' experience in the
pastoral industry as a general station hand and who is capable of performing
efficiently without supervision any of the tasks reasonably required of the
employee, including driving, maintaining and operating farm vehicles and
machinery; animal husbandry, stock handling; irrigation work and the use of
chemicals.
(4) Rural
Tradesperson - A rural tradesperson shall mean a person who has been employed
for a period of not less than three years:
(a) on farms, in
orchards or vineyards, or on agricultural or pastoral holdings in connection
with dairying, poultry, farming or bee keeping, or in the sowing, raising,
harvesting or treating of grain, fodder, fruit or other farm produce, or in the
management, rearing or grazing of horses ,cattle sheep or other livestock, or
the shearing or crutching of sheep, or the classing, scouring sorting or
pressing of wool, on any farm or station, or at other farm or station work; or
(b) in or in
connection with the formation, tending, protection or regeneration of forests;
or
(c) in flower or
vegetable market gardens or nurseries; or
(d) at clearing,
fencing, draining or otherwise preparing land for any of the purposes referred
to above
and has completed the Rural Trades Course at T.A.F.E. or
similar course or courses approved by the Rural Apprenticeship Training
Committee upon application.
With keep - The rates prescribed for "without
keep" less the amount as set out in the said Table 1.
(ii) The minimum
hourly rate to be paid to adult station hands employed on a part-time basis without
keep shall be determined by dividing the appropriate rate prescribed in
paragraph (i) of this subclause by 40.
(iii) The minimum
rates to be paid to adult station hands engaged as a casual shall be the amount
per hour as set out in Table 1 without keep. This rate is determined by
multiplying the rate prescribed in subparagraph (1) of paragraph (i) of this
subclause by 17.5 per cent and dividing by 40.
(b) Station
Cooks - The minimum rates to be paid to station cooks shall be, with keep
provided, the amounts as set out in the said Table 1.
(c) The minimum
rates to be paid to employees under 21 years of age shall be a proportion of
the adult rate as prescribed by the classification Station Hand - Grade 1,
appearing in Table 1, calculated in accordance with the following table.
The total wage shall be calculated in multiples of five
cents, amounts of two cents or less being taken to the lower multiple and
amounts in excess of two cents being taken to the higher multiple.
(i) Engaged by
the week without keep:
|
Percentage of total weekly adult rate without keep
|
At 15 years of age
|
45
|
At 16 years of age
|
50
|
At 17 years of age
|
55
|
At 18 years of age
|
65
|
At 19 years of age
|
75
|
At 20 years of age
|
90
|
With keep - The rates prescribed in the abovementioned table
less the amounts per week as set out in Table 1 - Rates of Pay, of Part B,
Monetary Rates.
(ii) The minimum
hourly rate to be paid to junior station hands employed on a part-time basis
without keep shall be determined by dividing the appropriate rate prescribed in
paragraph (i) of this subclause by 40.
(iii) The minimum
hourly rate to be paid to a casual junior station hand without keep shall be
determined by multiplying the appropriate rate prescribed in paragraph (i) of
this subclause by 17.5 per cent and dividing by 40.
51. HOURS OF WORK, OVERTIME
AND SUNDAY WORK
(a) Station
Hands Engaged by the Week (other than Station Cooks) -
(i) The
ordinary hours of work of station hands (other than station cooks) engaged by
the week shall not exceed 160 hours in any consecutive period of four weeks, to
be worked either:
(1) over five
days in the week, Monday to Friday; or
(2) over five
and one-half days in the week, Monday to Saturday, where work is essential on
Saturday morning for good husbandry or tending stock.
(ii) All time
worked by an employee in excess of the ordinary hours prescribed in paragraph
(i) of this subclause shall be deemed to be overtime.
(iii) Overtime
shall be adjusted as follows:
(1) the employee
shall be allowed off duty, with pay, for a period equal to the overtime worked.
Such time allowed off duty shall be given and taken within the succeeding three
weeks unless the employer and the employee mutually agree that it be taken at
some other time; or
(2) in lieu of
taking off duty, the employee may elect to be paid for the overtime worked;
(3) the rate of
pay for overtime shall be time and one- half, provided that double time shall
be paid for all work performed on Sunday, except in the case of feeding or
watering the stock when such work shall be paid for at the rate of time and
one-half.
(b) Part-time
Station Hands -
(i) A part-time
employee is a person employed on a regular basis for less than 40 hours per
week.
(ii) Part-time
employees shall be rostered to work regular hours on regular days in accordance
with the award provisions for permanent employees. The roster shall be
established with the agreement of the employee. Changes to the roster shall
only be made following consultation with and the agreement of the employees and
shall require one day's notice in advance of the first change to hours or days.
(iii) Part-time
employees shall be employed for not less than 12 hours per week, Monday to
Friday, and not more than 32 hours per week, Monday to Friday, and not less
than three hours and not more than eight ordinary hours on any day.
(iv) A part-time
employee who works in excess of eight hours on any day, Monday to Friday, and
for all hours worked on a Saturday, shall be paid overtime for all such time
worked in accordance with the overtime rates specified in paragraph (iii) of
subclause (a) of this clause.
(v) A part-time
employee shall not be required to work overtime without agreement.
(vi) A part-time
employee shall be entitled to payments in respect of annual leave, public
holidays and sick leave in accordance with clauses 56, Public Holidays and
Election Days, 57, Annual Leave, and 58, Sick Leave. All other provisions of
the award relevant to full-time employees shall apply to part-time employees.
(c) Station
Hands as Casuals - A casual station hand is one engaged on an hourly basis.
Casual employees shall be paid for each hour worked at a rate of one-fortieth
of the weekly rate, plus an all- purpose loading of 17.5 per cent.
The loading prescribed herein shall be in lieu of annual
leave, sick leave, public holidays and the lack of continuity of employment
prescribed for weekly employees.
All work performed by casuals in excess of eight hours per
day, Monday to Friday, and all work performed on Saturdays, Sundays or public
holidays shall be paid at overtime rates.
(d) Station
Cooks -
(i) There shall
be no limitation of hours of work for station cooks but such employees shall
receive one and one-half days off each week.
(ii) A cook who
is required to work more than 5.5 days in any one week shall be paid, in
addition to the weekly wage prescribed in subclause (b) of clause 49, Rates of
Pay, the following overtime rates:
For work on six full days - an amount of 3/22 of the
appropriate weekly rate.
For work on six full days and one half-day (6.5) - an amount
equal to 3/11 of the appropriate weekly rate.
For work on seven full days - an amount equal to 9/22 of the
appropriate weekly rate.
(e) No overtime
shall be worked nor shall an employee perform work on the employee's day and/or
half-day off without the permission of or under the instruction of the employer
or his/her authorised representative.
(f) No employee
shall be entitled to payment for overtime, or equivalent time off in lieu,
unless the employee makes a claim for it to the employer or his/her authorised
representative either within two weeks after the overtime is alleged to have
been performed or by the next date of payment of the employee's wages,
whichever is the later.
(g) For the
purpose of computing payment for overtime work for an employee engaged on
"with keep" terms, the cash value of such employee's wages shall be
deemed to be not less than the wage prescribed in this award for a similar
class of employee with the value of "keep" added.
52. SPECIAL ALLOWANCES
(a) Where a
station hand is required by the employer to find his/her own horse and/or
saddle, and does so, the employee shall be paid, in addition to wages, an
allowance set out in Item 12 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, for the horse, and an allowance as set out in Item 13 of the
said Table 2 when the employee finds his/her own saddle.
(b) When a
station hand is required by the employer to find his/her own dog, which is used
as a cattle or sheep dog for station purposes, the employer shall pay to the
employee, in addition to wages:
(i) an
allowance mutually agreed upon for each such dog;
(ii) the amount
of any licence or registration fee which must be paid by the employee for a
period during which the dog is so used.
(c) (i) Employees engaged in connection with
jetting or spraying of sheep, who either mix poison or
handle the nozzle; or
(ii) employees
who are employed in swabbing sheep for more than three days in any one week,
shall be paid an amount per day as set out in Item 14 of the said Table 2 in
addition to their ordinary rate for each day upon which they are so engaged.
53. PAYMENT OF
WAGES
(a) The employer
shall, if so required by the employees, pay them the full amount of their wages
fortnightly, but may retain up to one week's wages until the employment
terminates.
(b) The employer
shall pay at any reasonable time on the order of the employee any obligatory
contribution or charitable donation or such other amounts as the employee may
direct out of the amount for the time being due to the employee.
(c) Any cheque
of the employer given to the employee shall be drawn on a local bank or
exchange shall be added if payable.
(d) If so
required by the employee, the employer shall render to the employee a detailed
statement of wages and deductions from wages when the employee is paid.
(e) The employer
may deduct from wages due to the employee:
(i) the charges
authorised by clause 54, Charges for Accommodation, Meat, Goods and Services;
and
(ii) the amounts
as the employee may order in accordance with subclause (b) of this clause.
54. CHARGES FOR
ACCOMMODATION, MEAT, GOODS AND SERVICES
(a) Where the
employer provides an employee with living premises for the use of a
"without keep" employee and his/her household, the employer may make
a charge of an amount agreed between them in writing for the use of the
premises and/or power supplied to such premises.
(b) The employer
may charge to an employee:
(i) the cost of
goods or services supplied to the employee upon request and paid for by the
employer; and
(ii) the cost of
goods purchased by the employer for the employee upon request.
(c) Where the
employer supplies an employee with meat, the employer may charge the employee
not more than the amount set out in Item 6 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, for the meat supplied. The quality of
meat for which a charge is made shall not be inferior to that of meat used at
the homestead. When an employer buys meat for supply to employees, the employer
may charge the employee the actual cost of the meat supplied.
(d) Where the
employer sells groceries or stores to employees the employer shall post the
price list in a conspicuous place and the prices charged shall not exceed cost
price and carriage added.
55. RECORD OF WAGES
(a) The employer
shall keep, or cause to be kept, a wages record showing the name and occupation
of each employee, the wages and allowances paid, the deductions made from wages
and (except as to station cooks), the weekly hours worked.
(b) The wages
record shall be open for inspection by a duly accredited official of the union
at the employer's property or other convenient place. Inspection of such
records shall be in accordance with Part 7 Chapter 5 of the Industrial Relations Act 1996.
56. PUBLIC HOLIDAYS AND
ELECTION DAYS
(a) Station
hands not engaged as casuals shall be entitled to the following days as
holidays without deduction of pay: Christmas Day; Boxing Day; New Year's Day;
Australia Day; Good Friday; Easter Monday; Anzac Day; the Birthday of the
Sovereign and 8 Hour Day or Labour Day, or such other weekdays as the employer
and the employees may mutually substitute beforehand in lieu of the said days.
When shearing or crutching at the station occurs on any of
the said days and the employer and employee fail to substitute mutually such
other weekday, the employer may so substitute such other weekday, but not so as
to give the employee less time off work than the employee would have had if the
employee had received the said holiday.
Where Christmas Day, Boxing Day or New Year's Day falls on a
Saturday or Sunday, such holiday or holidays shall be observed on the next
succeeding working day or days, which shall be deemed a holiday or holidays in
lieu of the days named. If any day is gazetted in lieu of one of the
abovementioned holidays, such day shall be deemed to be a holiday for the
purpose of this award.
(b) If called on
for duty on any day which he/she is entitled to enjoy as a holiday, the employee
shall perform the duty as required and shall be entitled to payment for time
worked as the rate of double time.
(c) Where the
rostered paid hours for a part-time employee fall on a public holiday and work
is not performed by the employee, the employee shall not lose pay for the day.
(d) Such free
time, not exceeding one day, as may be necessary in order that a station hand
may exercise his/her vote at a Federal or State election or referendum shall be
allowed to him/her and no deduction from his/her wages shall be made in respect
thereof.
(e) An employee
who fails to attend for work on the working day before or the working day after
a public holiday without reasonable excuse or without the consent of the
employer shall not be entitled to payment for such day.
57. ANNUAL LEAVE
(a) Full-time
station hands shall, for every completed year of service with the employer, be
entitled to four weeks' leave with pay.
(b) Annual leave
for part-time station hands shall accrue on a pro rata basis
(c) Provided
that before going on annual leave each employee, in addition to the amount of
payment for the period of annual leave due under this subclause, shall be paid
a loading of 17.5 per cent. For the purpose of this subclause, "with
pay" means the amount of wage the employee would have received in respect
of the ordinary time which the employee would have worked had the employee not
been on leave during the relevant period plus, in the case of an employee
engaged "with keep", the value of the "keep" deduction specified
in the said clause 50.
(d) In the event
of an employee leaving or being discharged before the employee has completed a
year of service, the employee shall be paid an amount equal to one-twelfth of
the pay earned for ordinary time for the period of service plus, in the case of
an employee engaged "with keep", the value of the "keep"
deduction for the relevant period.
(e) The annual
leave shall be given and taken, as mutually agreed between the employer and the
employee, in not more than four periods.
(f) The
provisions of this clause shall apply to all full-time station hands and
part-time stations hands.
58. SICK LEAVE
(a) An employee
engaged by the week, who is absent from work on account of personal illness or
injury by accident arising out of and in the course of employment, shall be
entitled to one week's sick leave without deduction of pay, in respect of each
year of service, subject to the following conditions and limitations:
(i) The
employee shall not be entitled to paid leave of absence for any period in
respect of which he/she is entitled to workers' compensation.
(ii) The
employee shall prove by the production of a medical certificate or other
satisfactory evidence to the employer that the employee was unable, on account
of such illness or injury, to attend for duty on the day or days for which sick
leave is claimed.
(iii) Sick leave
allowable under this clause, or any portion thereof, which is not used by an
employee shall accumulate and be available for a period of five years, but for
no longer, from the end of the year in which it accrues.
(iv) For the
purposes of paragraph (iii) of this subclause, such leave shall not be regarded
as accumulated until the end of each yearly period.
(b) Sick leave
entitlements for part-time employees shall be in accordance with this clause,
provided that wages payable in respect of periods of paid sick leave shall be
calculated pro rata in accordance with paragraph (i) of subclause (a) of clause
49, Rates of Pay.
59. PERSONAL/CARER'S LEAVE
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person as set out in subparagraph (ii) of paragraph (c) of this subclause 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 58, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the
employee being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(A) a spouse of
the employee; or
(B) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee; or spouse or de facto
spouse of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative
of the employee who is a member of the same household where, for the purposes
of this 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 the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by telephone
of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose - An employee may elect, with the consent of the employer,
to take unpaid leave for the purpose of providing care and support to a member
of a class of person set out in subparagraph (ii) of paragraph (c) of subclause
(1) of this clause who is ill.
(3) Annual Leave
-
(a) An employee
may elect, with the consent of the employer and 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 upon by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime
taken as time off during ordinary-time hours shall be taken at the
ordinary-time rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) above, the leave
is not taken for whatever reason, payment for time accrued at overtime rates
shall be made at the expiry of the 12-month period or on termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee
on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off ordinary
hours and works those hours at a later time) at the shift work rate which would
have been applicable to the hours taken off.
60. BEREAVEMENT LEAVE
(a) 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 paragraph (c) of this subclause.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 59 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.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of clause 59 Personal Carer’s Leave. In determining such
a request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
61. REDUNDANCY
(1) Application
-
(a) This clause
shall apply to all full-time and part-time employees.
(b) 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 subclause
(3) of this clause.
(c) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's service and the general obligation on employers
shall not be more than to give such employees an indication of the impending
redundancy at the first reasonable opportunity, and to take such steps as may
be reasonable to facilitate the obtaining by the employees of suitable
alternative employment.
(d) Notwithstanding
anything elsewhere contained in this award, this award 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.
(2) Introduction
of Change -
(a) Employer's
Duty to Notify -
(i) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who may
be affected by the proposed changes and the union to which they belong.
(ii) "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 location and the
restructuring of jobs. Provided that, where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's
Duty to Discuss Change -
(i) 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 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.
(ii) The
discussion shall commence as early as practicable after a definite decision has
been made by the employer to make the changes referred to in paragraph (a) of
this sub-clause.
(iii) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees;
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(3) Redundancy
(a) Discussions
Before Terminations
(i) 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
(i) of paragraph (a) of subclause (2) of this clause and that decision may lead
to the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(ii) The
discussions shall take place as soon as practicable after the employer has made
a definite decision which will invoke the provisions of subparagraph (i) 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 terminations on the employees concerned.
(iii) For the
purposes of the discussions the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(4) Termination
of Employment
(a) 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 changes to production, program, organisation or structure,
in accordance with subparagraph (i) of paragraph (a) of subclause (2) of this
clause.
(i) 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
|
(ii) In addition
to the notice above, employees over 45 years of age at the time of the giving
of the notice, with not less than two years' continuous service, shall be
entitled to an additional week's notice.
(iii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(b) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (i) of paragraph (a) of subclause (2) of this
clause.
(i) In order to
terminate the employment of an employee, the employer shall give the employee
three months notice of termination.
(ii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iii) The period
of notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time Off
During the Notice Period
(i) 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.
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to
payment in lieu of notice.
(e) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink as soon as possible, giving relevant information,
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
(g) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties the
employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee's employment had been
terminated, and the employer may, at the employer's option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rates for the number of
weeks of notice still owing.
(5) Severance
Pay
(a) Where an
employee is to be terminated pursuant to 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:
(i) 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
|
(ii) 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
|
(iii) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
clause 3, Wages and Allowances.
(b) Incapacity
to Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in the said paragraph (a) of
this sub clause will have on the employer.
(c) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in the said paragraph (a) of this sub-clause if the
employer obtains acceptable alternative employment for an employee.
(6) 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 arrangement, taken
as a whole, between the union and any employer bound by this award.
62. FARES AND TRAVELLING
EXPENSES
Employees shall be allowed the fare actually paid from the
place of engagement to the place of employment, provided that they continue to
work for the employer for a period of three months. Provided they fulfil their duties for not less than twelve
months, the employees shall be allowed the fare actually paid by them when they
return fro the place of employment to the place of engagement. Provided always that the employer shall have
the right to make his/her own arrangements for the conveyance of the employee.
When travelling by railway or steamer between the place of
engagement and the place of employment, second class fares shall be allowed,
and where the employee travels by air they shall not, unless such travel is
authorised in advance by the employer, be entitled to receive any greater
allowance than the employee is entitled to receive under this clause for travel
by other means.
While travelling from the place of engagement to the place
of employment, the employee shall be paid the amount actually paid for meals
taken and for overnight accommodation limited to an amount as set out in Item
15 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, and three
meals per day, and an amount as set out in Item 16 of the said Table 2 for
overnight accommodation.
Provided that the provisions of this clause shall not apply
to an employee engaged by the day, but travelling expenses of such employee
shall be mutually agreed upon between the employer and the employee at this
time of engagement.
63. EQUIPMENT, PROTECTIVE
CLOTHING, ETC.
(a) Subject to
subclause (a) of clause 52, Special Allowances, the employer shall provide the
employee, free of charge, with such horses and equipment as are necessary for
his/her duties.
(b) The employer
shall provide each station hand employed in lamb marking with suitable
protective clothing free of charge, which shall be properly washed by the employee
and returned after use.
(c) Employees
ordinarily employed as prickly pear cutters shall be provided with basil gloves
and protective clothing free of charge.
64. KEEP
Where an employee is employed on the "with keep"
rate as prescribed in clause 50, Rates of Pay, "keep" shall mean good
and sufficient living accommodation and good and sufficient rations (including,
where reasonably procurable, the goods as mentioned in the schedule hereto) of
sufficient quantity, sound, well-cooked and properly served by the cook or
his/her offsider, but it shall not include accommodation under a roof or
cooking when circumstances render such accommodation or cooking impracticable.
|
Schedule - Scale of Rations
|
Bread or flour
|
Salt (fine)
|
Meat
|
Mustard
|
Vegetables: potatoes, onions, beans,
|
Spices, herbs, pepper
|
peas (split and blue), green vegetables
|
Essence
|
when reasonably procurable
|
Pickles
|
Oatmeal
|
Vinegar
|
Rice
|
Sauce
|
Cornflour
|
Soap and washing soda
|
Tapioca or sago
|
(for cleansing cooking utensils)
|
Macaroni
|
Carbonate of Soda
|
Barley
|
Butter (when reasonably procurable)
|
Cheese
|
Suet
|
Jam
|
Cream of Tartar
|
Fruits: currants or raisins, dried
|
Dripping
|
apples, apricots, prunes
|
Jelly crystals
|
Eggs
|
Custard powder
|
Sugar
|
Fish
|
Syrup
|
Curry
|
Tea, coffee or cocoa
|
Honey
|
Milk (fresh, condensed or powdered)
|
|
65. MEDICAL SUPPLIES
The employer shall provide a proper and sufficient stock of
the simpler kind of medical and surgical remedies for sale to employees at cost
price with carriage added. The employer shall also provide and maintain, at a
place reasonably accessible to the employees, an efficient first-aid
outfit.
66. DELIVERY OF MAIL
Where not delivered direct by the postal authorities, the
employer shall deliver to the employee, with reasonable expedition, all letters
and mail matter addressed to the employee.
67. CANCEROUS, ETC., SHEEP
The employee may refuse to dag or drench sheep if they are
cancerous or (unless supplied with an antiseptic) suffering from an offensive
wound or sore communicable to him/her or if the sheep are so wet as to be
likely to injure his/her health and the employee informs the employer or
his/her representative of that effect.
68. AGED, INFIRM AND SLOW
WORKERS
See Section 125 of the Industrial
Relations Act 1996.
SECTION III - GENERAL
APPLICATION
69. ANTI DISCRIMINATION
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and carer’s
responsibilities.
(b) 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.
(c) Under the Anti-Discrimination Act, 1977 it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation.
(ii) Offering or
providing junior rates of pay to persons under 21 years of age.
(iii) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977
(iv) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(e) 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.
Note:
1. Employers
and Employees may also be subject to commonwealth anti-discrimination
legislation.
2. Section
56(d) of the Anti - Discrimination Act
1977 provides:
"Nothing in the Act effects...any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
70. SUPERANNUATION
(a) Definitions
- In this clause, unless the contrary intention appears:
(i) "Employee"
means an employee covered by this award.
(ii) "The
Fund" shall mean:
(1) the
Australian Farm Superannuation Plan (AFSP), as may be amended from time to
time, and includes any superannuation scheme which may be made in succession
thereto; or
(2) the National
Superannuation Fund (NSF), as may be amended from time to time, and includes
any superannuation scheme which may be made in succession thereto; or
(3) the
Australian Superannuation Savings Employment Trust (ASSET), as may be amended
from time to time, and includes any superannuation scheme which may be in
succession thereto; or
(4) the Rural
Employees Award Plan (REAP), as may be amended from time to time, and includes
any superannuation scheme which may be made in succession thereto; or
(5) an
alternative superannuation scheme existing within a company conforming to the
Commonwealth Government's operational standards for occupational superannuation
and where the employer has been granted an exemption in accordance with
subclause (e) of this clause.
(iii) "Ordinary-time
Earnings" means the award classification rate (including supplementary
payments, where relevant), overaward payments and shift work loadings (where
relevant). In the case of employees engaged in shearing operations pursuant to
this award, "ordinary-time earnings" shall mean the total amount of
gross wages paid for the period of shearing.
(iv) "Union"
means The Australian Workers' Union, New South Wales Branch.
(b) Employer
Contributions - Subject to the rules of the fund, an employer shall contribute
to the fund, in respect of each employee, an amount not less than three per
cent of the employee's ordinary-time earnings calculated to the nearest ten
cents.
(c) Employee
Contributions - Subject to the rules of the fund, employees of a respondent
employer who may wish to make contributions to the fund additional to those
being paid pursuant to subclause (b) of this clause, shall be entitled to do
so. Such employees may either forward their own contributions directly to the
fund administrator or, where it is practicable to do so, authorise the employer
to pay into the fund from the employee's wage an amount specified by the
employee.
(d) Statement of
Contributions - The employer shall provide to each employee a statement setting
out the amount of contributions made on the employee's behalf into the fund,
together with details of any authorised employer contributions made in
accordance with subclause (b) of this clause. In the case of persons employed
in shearing operations, such statement shall be provided at the completion of
the relevant period of shearing. In the case of other employees, such statement
shall be provided yearly, at the anniversary of their employment or membership
of the fund.
(e) Exemptions -
This clause shall not apply to employers who, as at 12 April 1989, had
superannuation schemes existing within their company or business and who pay
into such fund payments prescribed by subclause (b) of this clause.
71. DISPUTE PROCEDURE
The procedure for the resolution of industrial disputation
will be in accordance with the following procedural steps:
(a) Procedure
relating to a grievance of an individual employee:
(i) 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.
(ii) A grievance
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.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(v) While a
procedure is being followed, normal work must continue.
(vi) The employee
may be represented by an industrial organisation of employees.
(b) Procedure
relating to a dispute between an employer and their employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
72. EXHIBITION OF RATES
A copy of the rates to be paid under this award shall be
made available by the employer at the place of employment for perusal by any
employee applying for it.
73. RIGHT OF ENTRY
See Part 7 Chapter 5 of the Industrial Relations Act 1996.
74. SAFETY NET AND STATE
WAGE CASE COMMITMENTS
(a) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
75. AREA, INCIDENCE AND
DURATION
The changes made to the award pursuant to the Award Review
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Award
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 27 July 2001.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Pastoral Employees (State) Award published on 3 July 1998 (305
I.G. 757) and all variations thereof.
The award published 3 July 1998 took effect on and from the
first full pay period commencing on or after 3 June 1997.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
The award shall apply to all employees classified herein
within the jurisdiction of the Pastoral Employees (State) Industrial Committee
except:
(i) employees
of the Crown;
(ii) jackeroos
(iii) managers,
overseers, engine drivers at shearing sheds, hutkeepers, bookkeepers,
domestic
cooks (as defined);
(iv) bona fide
students of a recognised university or college who work as station hands during
the course of their studies to gain experience in the
industry.
Provided that this award shall apply to students engaged as
shed hands or generally useful hands for shearing or crutching operations.
This award shall not apply to shearing demonstrations or
shearing schools, provided that such demonstrations or schools are conducted on
a non-profit making basis.
This award shall also apply to employees classified herein
within the jurisdiction of the Strappers, Grooms and Stablehands (State)
Conciliation Committee.
The award published on 28 April 2000 (315 I.G. 387) took
effect on and from the first full pay period commencing on or after 3 June
1997.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Clause No.
|
Rates for Shearers
|
Rate $
|
10(a)(i)
|
If "not found":
|
|
|
For flock sheep (wethers, ewes and lambs) by machine
|
170.52 per 100
|
|
With own handpiece
|
173.37 per 100
|
10(a)(viii)
|
If "found":
|
|
|
The rates prescribed for "not found" in clause
10 (a)(i) less
|
17.40 per day
|
10(a)(ix)
|
Engagement by the day:
|
|
|
"Not found"
|
127.40 per day
|
|
"Found"
|
110.00 per day
|
|
"Found" If using own handpiece:
|
|
|
"Not found"
|
129.50 per day
|
|
"Found"
|
112.10 per day
|
Clause No.
|
Rates for Crutching
|
Rate per 100 at sheds $
|
Rates per 100 other than at sheds $
|
|
|
|
|
11(a)
|
If "Not found" - Full crutching, that is,
shearing
|
|
|
|
the inside and parts of the legs, between the
|
|
|
|
legs, and around and above the tail. In addition
|
|
|
|
when required:
|
|
|
|
|
|
|
|
Removing wool that has been struck by
|
|
|
|
blowfly; and/or
|
|
|
|
|
|
|
|
Lifting the bottom leg and shearing that leg
|
|
|
|
prior to turning the sheep to complete the
|
|
|
|
shearing around and above the tail; and/or
|
|
|
|
|
|
|
|
giving up to two blows above the tail
|
49.50
|
42.60
|
|
All other crutching
|
39.20
|
34.10
|
|
For wigging or ringing
|
18.80
|
18.80
|
|
|
|
|
|
For either wigging or ringing in addition to
|
5.10
|
5.10
|
|
crutching - crutching rates plus
|
|
|
|
For wigging or ringing
|
30.70
|
30.70
|
|
For either wigging or ringing in addition to
|
|
|
|
crutching - crutching rates plus
|
8.50
|
8.50
|
|
For clearing the belly of any ewe above the
|
|
|
|
teats (not more than two blows of the machine
|
|
|
|
or shears) - crutching rates plus
|
4.30
|
4.30
|
|
For rams and ram stags - double the rates
|
|
|
|
prescribed in paragraphs (i) to (vi) of subclause
|
|
|
|
(a) of clause 10,
Rates for Shearers
|
|
|
|
Handpiece Allowance
|
0.95 per 100
|
0.95 per 100
|
|
For Stud ewes and their lambs - one and one
|
|
|
|
quarter of the rates prescribed in paragraphs (i)
|
|
|
|
to (vi) of subclause (a) of the said clause 10.
|
|
|
11(b)
|
If "found" -
|
|
|
|
Piecework rates
|
127.40
|
127.40
|
|
Use of own handpiece
|
129.50
|
129.50
|
11(c)
|
Per Day:
|
|
|
|
If "found", the rates as per piecework rates
|
|
|
|
above less
|
|
|
|
|
17.40 per day
|
17.40 per day
|
Clause No.
|
Rates for Shed Hands
|
Per Run $
|
12
|
If "not found" -
|
|
|
Adults:
|
|
|
For adults with 65 days or more experience as a shed hand
|
33.49
|
|
For adults with less than 65 days experience as a shed
hand
|
31.98
|
|
Juniors -
|
|
|
18 to 20 years -
|
|
|
With 65 work days or more experience as a shed hand
|
30.14
|
|
|
|
|
With less than 65 work days experience as a shed hand
|
28.78
|
|
|
|
|
Under 18 years -
|
|
|
With 65 work days experience as a shed hand
|
23.44
|
|
With less than 65 work days experience as a shed hand
|
22.39
|
|
|
|
|
If "found" -
|
|
|
The rates prescribed for adults for "not found"
less
|
17.40 per day
|
Clause No.
|
Rates for Woolpressers
|
Per Kilo $
|
Per Bale $
|
13(a)(i)
|
If "not found" -
|
|
|
|
For pressing:
|
|
|
|
By hand
|
0.0708
|
10.80
|
|
By power
|
0.0472
|
7.19
|
13(a)(ii)
|
For weighing and branding bales Minimum weekly rate (per
|
0.22 per bale extra
|
|
run x no. of runs)
|
|
|
|
34.98 per run
|
13(a)(v)
|
If "found" -
|
|
|
The rates prescribed for "not found" in clause
13 (a)(i)(ii) less
|
|
|
|
17.40 per day
|
13(c)
|
Woolpressers engaged at timework rates:
|
|
|
If "not found"
|
|
|
If "found" - the rate prescribed for "not
found" less
|
34.98 per run
|
|
|
|
|
|
17.40 per day
|
|
|
|
|
|
Clause No.
|
Rates for Shearing Cooks
|
Per week
|
14(a)
|
If "found" -
|
|
|
Cooking for up to 13 persons
|
147.95 per day
|
|
Cooking for 13 person and over
|
11.40 per person per day
|
Clause No.
|
Rates for Station Hands
|
Base Rate $
|
SWC June 2000
|
Total Rate per
|
|
|
|
$
|
week
|
|
|
|
|
$
|
50(a)(i)(1)
|
Without keep -
|
|
|
|
|
Station Hand Grade 1
|
385.40
|
15.00
|
400.40
|
50(a)(i)(2)
|
General Station Hand
|
|
|
|
|
Grade 2
|
410.40
|
15.00
|
425.40
|
50(a)(i)(3)
|
Senior Station Hand
|
|
|
|
|
Grade 3
|
435.50
|
15.00
|
450.50
|
50(a)(i)(4)
|
Rural Tradesperson
|
477.40
|
15.00
|
492.40
|
|
|
|
50(a)(iii)
|
Adult Station Hand engaged by the day
|
11.76 per hour
|
|
Without keep
|
|
|
With keep -
|
|
|
The weekly rates prescribed above, less
|
72.27
|
Clause No.
|
Rates for Station Cooks
|
Base Rate $
|
SWC June 2000 $
|
Total Rate per week $
|
50(b)
|
Cook who cooks for 13
|
385.40
|
15.00
|
400.40
|
|
persons or less on the
|
|
|
|
|
average of the week
|
|
|
|
The cook shall not be included when counting the average
number of persons cooked for.
Table 2 - Other Rates and Allowances
Item
|
Clause No.
|
Brief Description
|
Amount $
|
No.
|
|
|
|
1
|
18(d)
|
Learner's comb/cutters allowance
|
7.00 per week
|
2
|
22(a)(ii)
|
Sleeping quarters allowance
|
25.65 per night
|
3
|
22(a)(ii)
|
Excess travelling time allowance
|
9.95 per hour
|
4
|
22(b)(i)
|
Travelling allowance
|
7.50 per day
|
|
|
(Shearers/Crutchers only)
|
|
5
|
22(b)(ii)
|
Vehicle allowance
|
0.23 per km
|
6
|
23(d)(i) and
|
Meat charge (if supplied by the employer)
|
0.34 per kg
|
|
54 (c)
|
|
|
7
|
26(a)
|
Breakdown of machinery allowance-
|
|
|
|
"not found"
|
104.30 per day
|
|
|
"found"
|
86.10 per day
|
|
|
With own handpiece -
|
|
|
|
"not
found"
|
102.60
|
|
|
"found"
|
84.50
|
8
|
31(e)
|
Charge for injured sheep
|
1.20 per sheep
|
9
|
37(g)
|
Leaving forfeiture - Maximum
|
790.08
|
10
|
39(g)
|
Excess rate for waiting time - Leaving or
|
102.40 per day
|
|
|
discharge
|
|
11
|
39(h)
|
Excess rate for waiting time - Cut-out
|
102.40 per day
|
12
|
52(a)
|
Own horse allowance
|
1.75 per week
|
13
|
52(a)
|
Own saddle allowance
|
1.35 per week
|
14
|
52(c)(ii)
|
Jetting/spraying/swabbing sheep
|
0.77 per day
|
15
|
62
|
Meal Allowance- travelling
|
0.76 per day
|
16
|
62
|
Accommodation allowance- travelling
|
2.20 per night
|
SCHEDULE "A" - Agreements
In the forms of agreement hereunder written, where the
employment is at a "station" it shall apply to employment at a
"shearing depot", such words being respectively substituted for the
word "station" where the word occurs in the said form.
Agreement with Shearer/Crutcher
Agreement made the . . . . . .................................day
of . . . ......................... 20
between . . . . . . . . . . .
............................... of . . . . ....... . .
.............................
(hereinafter called "the employer") and
between . . . . . . . . . . . ..............................
of . . . . . . ........ ............................
(hereinafter called "the employee")
1. This
agreement is subject to the Pastoral Employees (State) Award and shall, subject
to the following provisions, be read as if all the terms and conditions of
employment relating to the occupation of the employee and in force during the
term of this agreement are incorporated herein.
2. The
employee shall shear/crutch, with all reasonable despatch and in good and
workmanlike manner, all the sheep which the employer shall require the employee
to shear/crutch at the shearing shed and at the shearing/crutching beginning on
the date specified herein and shown below.
3. The
employee will be at the shearing shed ready to begin work on the date specified
herein and shown below, and if the employee is not ready and willing to begin
by noon on that date, the employer may treat the employee as having repudiated
this agreement and shall not be bound to keep any pen open for the employee.
4. The total
number of sheep to be shorn/crutched at the shearing/crutching will not be less
than the minimum number or more than the maximum number specified herein and
shown below, including not more than the stated number of studs.
5. The maximum
number of shearers/crutchers to be employed shall not exceed the number
specified herein and shown below.
6. The
employer will be ready to commence shearing/crutching on the date specified
herein and shown below and will, except as provided in the award, keep the
employee fully supplied with sheep until the completion of the
shearing/crutching.
7. The
employer will pay the employee the minimum rates in force from time to time
during the shearing/crutching under the Pastoral Employees (State) Award.
8. The
employee will not/may (delete whichever does not apply) be required to work on
a Saturday and/or Sunday where shearing does not take place during the
preceding weekdays because the sheep are voted too wet to shear or are not
presented for shearing pursuant to clause 39, Wet Sheep.
The employer shall give the employee reasonable notice prior
to the weekend if the employer requires the employee to work on that weekend,
pursuant to subclause (c) of clause 15, Hours of Work of Shearing Employees.
Reasonable notice shall mean notice given prior to the completion of shearing
on the Thursday except if sheep are voted wet during the first run on Friday,
then providing immediate notice is given it shall be deemed reasonable.
Name of shearing shed
..................................................................................
Date of shearing/crutching begins: The . . .
.....................day of .................. 20 ......
Date employee to report: The
................................. day of .................. 20......
Shearing - Number of sheep to be shorn:
Not less than ............................ minimum, not more
than . . . . ................ maximum.
Including not more than . . . . . . . . . . . . .
...................................................... studs.
Crutching - Number of sheep to be crutched:
Not less than ............................ minimum, not more
than . . . . . . . ........... maximum.
Maximum number of shearers/crutchers to be employed not to
exceed ..........................
Whether "found" or "not found" . . . . .
. . . . . .........................................................
Signed by the said employer . . . . . . . . . . .
............................................................
In the presence of . . . . . . . . . . . . . . .
...................................................................
Signed by the said employee . . . . . . . . . . .
............................................................
In the presence of . . . . . . . . . . . . . . .
...................................................................
Agreement with Woolpresser - Shed Hand (Combined Duties)
Agreement made the .................................. day of
. . . . .......................... 20......
between . . . . . . . . . . . .
.................................. of . . . . . .
...................................
(hereinafter called "the employer") and
between . . . . . . . . . . . .
.................................. of . . . . . .
...................................
(hereinafter called "the employee")
1. This agreement
is subject to the Pastoral Employees (State) Award and shall, subject to the
following provisions, be read as if all terms and conditions of employment
relating to the occupation of the employee and in force during the term of this
agreement are incorporated herein.
2. The
employee agrees with the employer to work as a woolpresser-shed hand in or
about the shearing and at the shearing/crutching beginning on the date
specified herein and shown below and will perform duties with all reasonable
despatch and in a good and workmanlike manner.
3. The
employee will work as a generally useful hand and as a woolpresser and will
press all the wool short-crutched which the employer shall require the employee
to press at the said operations and will also weigh, brand and stack any of the
said wool if and as required by the employer.
4. The
employee will be at the shearing shed ready to begin work on the date specified
and shown below and if the employee is not ready and willing to begin by noon
on that date the employer may treat the employee as having repudiated this
agreement and may treat the employment as determined.
5. The total
number of sheep to be shorn/crutched at the shearing/crutching will not be less
than the minimum number or more than the maximum number specified herein and
shown below, and the maximum number of shearers/crutchers to be employed shall
not exceed the number specified herein and shown below.
6. Subject to
the award, the employer will be ready to commence operation on the date specified
herein and shown below.
7. The
employer will pay the employee the minimum rates in force from time to time
during the shearing/crutching under the Pastoral Employees (State) Award.
8. The
employee will not/may (delete whichever does not apply) be required to work on
a Saturday and/or Sunday where shearing does not take place during the
preceding weekdays because the sheep are voted too wet to shear or are not
presented for shearing pursuant to clause 39, Wet Sheep.
The employer shall give the employee reasonable notice prior
to the weekend if the employer requires the employee to work on that weekend
pursuant to subclause (c) of clause 15, Hours of Work of Shearing Employees.
Reasonable notice shall mean notice given prior to the completion of shearing
on the Thursday except if sheep are voted wet during the first run on Friday,
then providing immediate notice is given it shall be deemed reasonable.
Name of shearing shed . . . . . . . . . . . . . .
..................................................................
Date shearing/crutching begins: The . . .
.......................... day of ..................... 20 ......
Date employee to report: The
................................ day of . . . .........................20 .....
Number of sheep to be shorn/crutched:
Not less than
.............................minimum, not more than . . . .........
........... maximum.
Maximum number of shearers/crutchers to be employed not to
exceed ..............................
Whether "found" or "not found" . . . . .
. . . . ..............................................................
Signed by the said employer . . . . . . . . . .
................................................................
in the presence of . . . . . . . . . . . . . . .
.....................................................................
Signed by the said employee . . . . . . . . . . .
...............................................................
in the presence of . . . . . . . . . . . . . . . .
....................................................................
Agreement with Woolpresser
Agreement made the ............................. day of . .
................................... 20 ........
between . . . . . . . . . . . ......................... of
......................................................
(hereinafter called "the employer") and
between . . . . . . . . . . . ........................ of
.......................................................
(hereinafter called "the employee")
1. This
agreement is subject to the Pastoral Employees (State) Award and shall, subject
to the following provisions, be read as if all terms and conditions of
employment relating to the occupation of the employee and in force during the
term of this agreement are incorporated herein.
2. The
employee agrees with the employer to work as a woolpressers at the shearing
shed and at the shearing/crutching beginning on the date specified herein and
shown below and will perform duties with all reasonable despatch and in a good
and workmanlike manner.
3. The
employee will, in conjunction with such other number of woolpressers specified
herein and shown below, press all the wool shorn/crutched which the employer
shall require them to press at the said operation and will also weigh, brand
and stack any of the said wool if and as required by the employer.
4. The
employee will be at the shearing shed ready to begin work on the date specified
herein and shown below, and if the employee is not ready and willing to begin
by noon on that date the employer may treat the employee as having repudiated
this agreement and may treat the employment as determined.
5. The total
number of sheep to be shorn/crutched at the shearing/crutching will be not less
than the minimum or more than the maximum number specified herein and shown
below, and the maximum number of shearers/crutchers to be employed shall not
exceed the number specified herein and shown below.
6. Subject to
the award, the employer will be ready to commence operations on the date
specified herein and shown below.
7. The
employment by the employer of the employee will be on the basis of piecework or
timework, as specified herein and shown below.
8. The
employer will pay the employee the minimum rates in force from time to time
during the shearing/crutching under the Pastoral Employees (State) Award,
including any extra rates prescribed therein for weighing, branding or stacking
by a woolpresser who is so doing and among the woolpressers in equal shares for
the work which they have respectively done.
9. The
employee will not/may (delete which does not apply) be required to work on a
Saturday and/or Sunday where shearing does not take place during the preceding
weekdays because the sheep are voted too wet to shear or are not presented for
shearing pursuant to clause 39, Wet Sheep.
The employer shall give the employee reasonable notice prior
to the weekend if the employer requires the employee to work on that weekend
pursuant to subclause (c) of clause 15, Hours of Work of Shearing Employees.
Reasonable notice shall mean notice given prior to the completion of shearing
on the Thursday except if sheep are voted wet during the first run on Friday,
then, providing immediate notice is given, it shall be deemed reasonable.
Name of shearing shed . . . . . . . . . . . . . .
...............................................................
Date of shearing/crutching begins: The
...................... . . day of .........................20.....
Date employee to report: The
.................................... day of . . ...................... 20....
Number of sheep to be shorn/crutched:
Not less than . . ......................... minimum, not
more than .......................... maximum.
Maximum number of shearers/crutchers to be employed not to
exceed ..............................
Whether "found" or "not found" . . . . .
. . . . .............................................................
Signed by the said employer . . . . . . . . . . ............
in the presence of . . . . . . . . . . . . . ....... . .
Signed by the said employee . . . . . . . . . . ............
in the presence of . . . . . . . . . . . . . . . .......
Agreement with Shed Hand
Agreement made the ...............................day of . .
. ................................. 20 ........
between . . . . . . . . . . .
............................... of . . . . . .
............................................
(hereinafter called "the employer") and
between . . . . . . . . . . .
............................... of . . . . . . .............................................
(hereinafter called "the employee")
1. This
agreement is subject to the Pastoral Employees (State) Award and shall, subject
to the following provisions, be read as if all terms and conditions of
employment relating to the occupation of the employee and in force during the
term of this agreement are incorporated herein.
2. The
employee agrees with the employer to work as a generally useful hand in or
about the shearing/crutching beginning on the date specified herein and shown below
and will perform duties with all reasonable despatch and in a good and
workmanlike manner.
3. The
employee will be at the shearing shed ready to begin work on the date specified
herein and shown below, and if the employee is not ready and willing to begin
by noon on that date the employer may treat the employee as having repudiated
this agreement and may treat the employment as determined.
4. The total
number of sheep to be shorn/crutched at the shearing/crutching will be not less
than the minimum number or more than the maximum number specified herein and
shown below, and the maximum number of shearers/crutchers to be employed shall
not exceed the number specified herein and shown below.
5. Subject to
the award, the employer will be ready to commence operations on the date
specified herein and shown below.
6. The
employer will pay the employee the minimum rates in force from time to time
during the shearing/crutching under the Pastoral Employees (State) Award.
7. The
employee will not/may (delete whichever does not apply) be required to work on
a Saturday and/or Sunday where shearing does not take place during the
preceding weekdays because the sheep are voted too wet to shear or are not
presented for shearing pursuant to clause 39, Wet Sheep.
The employer shall give the employee reasonable notice prior
to the weekend if the employer requires the employee to work on that weekend
pursuant to subclause (c) of clause 15, Hours of Work of Shearing Employees.
Reasonable notice shall mean notice given prior to the completion of shearing
on the Thursday, except if sheep are voted wet during the first run on Friday,
then providing immediate notice is given it shall be deemed reasonable.
Name of shearing shed
.......................................................................................
Date of shearing/crutching begins: The . .
......................... day of
..................... 20 .....
Date employee to report: The
....................................... day of . . . ................. 20 .....
Number of sheep to be shorn/crutched:
Not less than . . . . . . ......................minimum, not
more than .........................maximum.
Maximum number of shearers/crutchers to be employed not to
exceed ..............................
Whether "found" or "not found" . . . . .
. . . . ..............................................................
Signed by the said employer . . . . . . . . . . . .........
in the presence of . . . . . . . . . . . . . . . .........
Signed by the said employee . . . . . . . . . . . ..........
in the presence of . . . . . . . . . . . . . . . ........
Agreement with Cook
Agreement made the .................................. day of
. . ................................. 20 ......
between . . . . . . . . . . .
.................................... of . . . . .
.......................................
(hereinafter called "the employer") and
between . . . . . . . . . . .
..................................... of . . . . . . .
......................................
(hereinafter called "the employee")
1. This
agreement is subject to the Pastoral Employees (State) Award and shall, subject
to the following provisions, be read as if all terms and conditions of
employment relating to the occupation of the employee and in force during the
term of this agreement are incorporated herein.
2. The
employee agrees with the employer to work as a cook at the shearing shed and at
the shearing/crutching beginning on the date specified herein and shown below
and will perform duties with all reasonable despatch and in a good and
workmanlike manner.
3. The
employee will be at the shearing shed ready to begin work on the date and time
specified herein and shown below. If the employee is not ready and willing to
begin work by the time fixed for the commencement of shearing the employer may
treat the employee as having repudiated this agreement and may treat the
employment as determined.
4. The total
number of sheep to be shorn/crutched at the shearing/crutching will be not less
than the minimum number or more than the maximum number specified herein and
shown below, and the maximum number of shearers/crutchers to be employed shall
not exceed the number specified herein and shown below.
5. The total
number of persons for whom the employee is to cook will not be less than the
minimum number or more than the maximum number specified herein and shown
below.
6. Subject to
the award, the employer will be ready to commence operations on the date
specified herein and shown below.
7. The
employee will cook for a wholly "found" mess or a joint mess as
specified herein and shown below.
8. The
employer will pay the employee the minimum rates "found", in force
from time to time, during the shearing/crutching under the Pastoral Employees
(State) Award.
9. The
employee will not/may (delete whichever does not apply) be required to work on
a Saturday and/or Sunday where shearing does not take place during the
preceding weekdays because the sheep are voted too wet to shear or are not
presented for shearing pursuant to clause 39, Wet Sheep.
The employer shall give the employee reasonable notice prior
to the weekend if the employer requires the employee to work on that weekend
pursuant to subclause (c) of clause 15, Hours of Work of Shearing Employees.
Reasonable notice shall mean notice given prior to the completion of shearing
on the Thursday except if sheep are voted wet during the first run on Friday,
then, providing immediate notice is given, it shall be deemed reasonable.
Name of shearing shed . . . . . . . . . . . . . .
...............................................................
Date shearing/crutching begins: The
.......................... day of . . . ................... 20.....
Date and time employee to begin work:
The ......... ......... day of . ........ .............. 20
. ................... . at . . . ....... . a.m./p.m.
Total number of persons for whom the employee is to cook:
Not less than . . . . . . . ..............................
not more than . ...................................
Whether mess is wholly "found" or joint mess . . .
Number of sheep to be shorn/crutched:
Not less than . . . . . . . . .......................
minimum, not more than.........................maximum.
Maximum number of shearers/crutchers to be employed not to
exceed .................................
Signed by the said employer . . . . . . . . . . . .......in
the presence of . . . . . . . . . . . . . . . ...............
Signed by the said employee . . . . . . . . . . .
.............in the presence of . . . . . . . . . . . . . . ....... .
SCHEDULE "B" - Formulae
Shearer's Formula
|
Rate $
|
Total Rate
|
429.20
|
Plus 20% piecework allowance - total rate x 20%
|
85.84
|
Plus 20% casual loading
- total rate x 20%
|
85.84
|
Plus shearing industry allowance
|
189.20
|
- delays for wet weather
|
34.70
|
- travelling
|
54.10
|
- isolation and discomfort
|
66.90
|
- rations
|
33.50
|
Total
|
790.08
|
Rates per 100 conversion - total divided by 5
|
158.02
|
Plus disability allowance
|
1.20
|
Plus allowance for combs/ cutters
|
11.30
|
Total Rate per 100
|
170.52
|
Plus payment for handpiece
|
2.85
|
Total
|
173.37
|
|
|
Crutching Rates -
|
|
Full crutching at sheds:
|
|
29% of shearer’s per 100 rate
|
49.50
|
All other crutching at sheds:
|
|
23% of shearers per 100 rate
|
39.20
|
Full crutching other than at sheds:
|
|
25% of shearer’s per 100 rate
|
42.60
|
All other crutching other than at sheds:
|
|
20% of shearer’s per 100 rate
|
34.10
|
Wigging or ringing:
|
|
11% of shearer’s per 100 rate
|
18.80
|
Wigging or ringing
|
|
3% of shearer’s per 100 rate
|
5.10
|
Wigging and ringing:
|
|
18% of shearer’s per 100 rate
|
30.70
|
Wigging and ringing in addition:
|
|
5% of shearer’s per 100 rate
|
8.50
|
Cleaning bellies, etc:
|
|
2.5% of shearer’s per 100 rate
|
4.30
|
Lack of amenities allowance (per day)
|
5.60
|
Handpiece allowance (per 100)
|
0.95
|
|
Handpiece provided $
|
Handpiece not provided $
|
Daily rate -
|
|
|
"Not found" - Old daily rate x
|
127.40
|
129.50
|
Shearer’s rate per 100 divided by
|
|
|
old shearer’s rate per 100
|
|
|
"Found" - Not found rate less found
|
110.00
|
112.10
|
deduction
|
|
|
Learners -
|
Per run $
|
Inexperienced adult shed hand rate
|
31.98
|
Experienced adult shed hand rate
|
33.49
|
|
|
|
Per week $
|
Combs and cutters allowance:
|
|
62.25% of shearer’s combs and cutters allowance per 100
|
|
|
7.00
|
Shearing Cook’s Formula -
|
|
Base rate
|
427.14
|
Safety Net Adjustment
|
15.00
|
Total Rate
|
442.14
|
Plus 20% casual loading - total rate x 20%
|
88.40
|
Plus 20% long hours allowance - total rate x 20
|
88.40
|
Plus shearing industry allowance
|
120.80
|
Travelling
|
54.00
|
Isolation / discomfort
|
66.80
|
Total
|
739.74
|
Daily rate - total divided by 5
|
147.95
|
Per employee per day rate - daily rate divided by 13
|
11.40
|
Shed Hands (Adult) Formulae -
|
|
With less than 65 work days experience:
|
Amount $
|
|
|
Base Rate
|
360.38
|
Safety Net Adjustment
|
15.00
|
|
|
Total Rate
|
375.38
|
Plus 20% casual loading - new base wage rate x 20%
|
75.00
|
Plus shearing industry allowance
|
189.30
|
- delays for we weather
|
34.70
|
- travelling
|
54.10
|
- isolation/discomfort
|
66.90
|
- rations
|
33.50
|
Total
|
639.58
|
Per run
|
31.98
|
With more than 65 work days experience:
|
|
Base rate
|
385.42
|
Safety Net Adjustment
|
15.00
|
Total rate
|
400.42
|
Plus 20% casual loading - new base wage rate x 20%
|
80.08
|
Plus shearing industry allowance
|
189.30
|
- delays for wet weather
|
34.70
|
- travelling
|
54.10
|
- isolation/discomfort
|
66.90
|
- rations
|
33.50
|
Total
|
669.80
|
Per run
|
33.49
|
|
|
Juniors:
|
|
18-20 years:
|
|
With 65 work days or more experience as shed hand
|
|
- 90% of equivalent adult rate
|
30.14
|
With less than 65 work days experience as a shed hand
|
|
-90% of equivalent adult rate
|
28.78
|
|
|
Under 18 years:
|
|
With 65 work days or more experience as shed hand
|
|
- 70% of equivalent rate
|
23.44
|
With less than 65 work days experience as a shed hand
|
|
- 70% of equivalent adult rate
|
22.39
|
Woolpresser’s Formulae
|
Piecework $
|
Timework $
|
Base Rate
|
390.80
|
410.45
|
Safety Net Adjustment
|
15.00
|
15.00
|
Total
|
405.80
|
425.45
|
Plus 20% piecework allowance
|
|
|
- total rate x 20%
|
81.16
|
85.09
|
|
|
|
Plus shearing industry allowance
|
189.30
|
189.30
|
|
|
|
- delays for wet weather
|
34.70
|
34.70
|
- travelling
|
54.10
|
54.10
|
- isolation/discomfort
|
66.90
|
66.90
|
- rations
|
33.50
|
33.50
|
Total per week
|
757.42
|
699.68
|
|
|
|
Per run - total divided by 20
|
34.98
|
34.98
|
- by hand - per bale - total divided
|
|
|
by 70
|
10.80
|
10.80
|
- by hand - per kilo - rate divided
|
|
|
by 152.4
|
0.0708
|
0.0708
|
- by power - per bale - by hand per
|
|
|
bale rate x 2/3
|
7.19
|
7.19
|
- by power - per kilo - rate divided
|
|
|
by 152.4
|
0.0472
|
0.0472
|
Additional Rates -
|
Per day $
|
Found deduction - cooks per employee per day rate plus
$6.00 per rations
|
17.40
|
|
|
Breakdown allowance - old rate x shearer’s rate per 100
divided by old
|
|
shearer’s rate per 100:
|
|
- Not found - handpiece provided
|
102.60
|
- handpiece not provided
|
104.30
|
- Found - handpiece provided
|
84.50
|
- handpiece not provided
|
86.10
|
Waiting time - old rate x shearer’s rate per 100 divided
by old shearer’s rate
|
|
per 100
|
102.60
|
Absence from work - shearer’s weekly wage equivalent (rate
per 100 x 5)
|
791.00
|
|
|
Pastoral Employees (State) Industrial Committee
Industries and Callings
All employees who are employed in rural industries within
the meaning of section 131 of the Industrial
Arbitration Act 1940:
(1) upon
pastoral holdings
(a) in
connection with
(i) the
management, rearing or grazing of horses, cattle, sheep or other livestock;
(ii) the sowing,
raising or harvesting of fodder; or
(b) at other
farm or station work; or
(2) upon farms,
orchards, or agricultural or pastoral holdings in connection with -
(i) the
shearing or crutching of sheep;
(ii) the
scouring, sorting, or pressing of wool; or
(3) at clearing,
fencing, trenching, draining, or otherwise preparing land for any of the
abovementioned purposes;
within the State;
except sheep shearing machinery experts and wool classers.
J. P. GRAYSON, DP
____________________
Printed by the authority of the Industrial Registrar.