POULTRY INDUSTRY LIVESTOCK (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 109 of 1999)
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Before The Honourable
Justice Wright, President
The Honourable Justice
Walton, Vice-President
The Honourable Mr
Deputy President Harrison
Commissioner Patterson
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5 July 2001
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Reviewed
awARD
Arrangement
PART A
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Clause No.
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Subject Matter
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1.
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Savings Provision
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2.
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Definitions
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3.
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Hours
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4.
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Integrated Wage Structure
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5.
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Protective and Safety Clothing and Equipment
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6.
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Mixed Functions
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7.
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Meals and Rest Periods
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8.
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Overtime
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9.
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Saturdays, Sundays, Public Holidays and Union Picnic Day
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10.
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Annual Leave
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11.
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Annual Leave Loading
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12.
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Sick Leave
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13.
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Long Service Leave
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14.
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Bereavement Leave
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15.
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Parental Leave
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16.
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Personal/Carer’s Leave
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17.
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Jury Service
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18.
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Payment of Wages
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19.
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Contract of Employment
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20.
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Amenities
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21.
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Accredited Union Representative
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22.
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Payroll Deduction of Union Dues
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23.
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Right of Entry of Union Officials
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24.
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Training
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25.
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Disputes Procedure
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26.
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Consultative Mechanism
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27.
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Superannuation
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28.
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Anti-Discrimination
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29.
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Redundancy
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30.
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Area, Incidence and Duration
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PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Savings Provision
No existing employee as at the date of the making of this
award shall have his or her pay reduced by the making of this award.
2. Definitions
(i) Full-time
Employee - A full-time employee shall be engaged for 38 hours per week.
(ii) Part-time
Employee means an employee who is engaged for a minimum of 19 hours per week on
not less than three days per week. A
part-time employee shall receive all the benefits of the award in the ratio of
the hours, as fixed, as they bear to 38 hours.
The hourly rate shall be the weekly rate divided by 38. The times of work for part-time employees
will be to a roster. Any work which is
outside the roster shall be overtime and paid as per clause 8, Overtime. The rostered times of work cannot be altered
unless seven days’ notice is given, unless by agreement.
(iii) Regular
part-time Employee - Variable Hours - A regular part-time employee means an
employee who is a weekly employee engaged for a minimum of 19 hours per week on
a fixed number of days per week. A
regular part-time employee shall be offered a minimum of 3.8 hours duty for
each start with the hours per day set as a day’s duty progresses. A regular part-time employee (variable
hours) shall receive sick leave credits on the basis of one hour for each 46
hours of ordinary duty in the first year of employment and one hour for each 23
hours of ordinary duty in the second and subsequent years of service. Public holiday credits shall accrue at the
rate of one hour for each 23 hours of ordinary duty. Annual leave shall accrue at the rate of one hour for each 13
hours of ordinary duty in the first year of employment and one hour for each 12
hours of ordinary duty in the second and subsequent years of employment.
Sick leave, public holidays and annual leave shall follow the
same rules as the award.
(iv) Casual
Employee means an employee who is engaged as such, by the hour, with a minimum
of 3.8 hours employment on any day.
(v) Leading Hands
- A leading hand is a "hands on" employee appointed by the employer
and allocated responsibilities determined by the employer to assist in the good
order of work flow in an operating area by:
receiving production instructions and allocating the
work flow to employees;
controlling the standards of work, work output to
targets set by supervisors and other staff;
determining shortages in labour, or material or plant
failures, and brining any deficiencies to the supervisory staff for action.
Where a failure in training or behaviour occurs,
leading hands shall immediately disengage from further action and place the
matter into the hands of the supervisory staff.
Nonetheless, this does not preclude the leading hand
from giving training but only on the direct instructions of a supervisor or
other staff.
A leading hand shall not breach any confidence placed
in them by fellow employees or by supervisory staff.
A leading hand is appointed on merit and skill, taking
into account some but not necessarily all of the following factors:
(a) clerical
aptitude;
(b) how to
supervise assessment;
(c) work
performance - experience;
(d) attendance;
(e) attention
to detail;
(f) general
attitude to company standards;
(g) training
and education;
(h) emotional
stability;
(i) maturity
and leadership;
(j) safety
consciousness and willingness to follow safety rules.
In addition, the employer may appoint a person who has
the appropriate qualifications to a position of leading hands for the purposes
of acting as a first-aid attendant.
(vi) Leading Hand -
Small Group, means a leading hand with duties as defined in subclause (vi) of
this clause, supervising ten employees or less.
(vii) Leading Hand -
Large Group, means a leading hand with duties as defined in subclause (vi) of
this clause, supervising in excess of ten employees.
(viii) Certified
Rural Tradesperson means an employee who is employed for a period of not less
than four years in an establishment coming within the definition of Rural
Industries in sub- clause (viv),and has completed the Rural Trades Course at
TAFE or similar course or courses approved by the Rural Apprenticeship Training
Committee upon application.
(ix) "Rural
Industry" applies to all work performed:
(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.
(x) Farm
Transporter means an employee whose principal duties are centred on a poultry
farm or hatchery and who may work as a stock hand, farm hand or hatchery
assistant and who, in addition, transports livestock and/or eggs from farm to
farm and from farm to hatchery or return and related activities, or removes and
transports litter and sawdust for poultry farms. It shall also mean a qualified front end loader operator.
(xi) Farm
Transporter (Two Axle) means an employee who is a farm transporter as above but
who drives a semi-trailer with two rear axles or a rigid body two axle
exceeding a GVM of 18 tonnes.
(xii) Farm
Maintenance Worker means an employee who performs pipefitting work, tack
welding and other similar minor maintenance work which involves the significant
use of tools.
(xiii) Stock Hand
means an employee other than a hatchery employee or an employee engaged in
pick-up work, who for a period of six months has been and is substantially
engaged in actually handling livestock.
A stock hand shall also undertake any task undertaken by a farm
hand. A stock hand may also operate a
bobcat as part of the general duties.
Handling livestock means skilled vaccinating other than
in a hatchery, skilled beak trimming other than in a hatchery, grading (i.e.,
scientific evaluation for strain improvement) and selection of birds by
actually physically lifting each bird for examination, artificial insemination
and other tasks where a live bird is physically lifted.
(xiv) Hatchery
Assistant means an employee who rotates eggs in incubators, checks eggs,
undertakes sexing, beak trimming, sorting and grading eggs and day-old poultry,
fumigation, vaccination, cleaning and sanitization of hatchery incubators,
hatchers and associated equipment, as well as any work undertaken by a farm
hand.
(xv) Farm Hand means
an employee who collects and grades eggs suitable for producing table birds,
cares for sheds and litter, maintains egg records, culls flocks of poultry as
required, removes waste product, drives and/or operates farm plant and
equipment and shall include an employee engaged in pick-up work and associated
general duties as a farm hand.
(xvi) General
Hand. Under the terms of this award, no
employee shall remain (or be engaged) in this classification where they have
had more than three months experience in the industry.
This employee shall, during this three months,
undertake training for any task. This may involve training in more than one
specific area, depending on the employee’s application to these tasks.
(xvii) Training means
the instruction given to an employee not already skilled in a specific task in
the industry.
(xviii) Notional Day -
The notional day may be agreed upon in each place and posted accordingly.
A notional day may be midnight to midnight or some
other span of 24 hours which exists by reason of the nature of the pattern of
work in each place (for example, 8.00 p.m. till 8.00 p.m.).
(xix) Work
Assignment - Any employee working under the terms of this award may be assigned
any job classification at the employer’s discretion, provided that the employee
is able and that the mixed functions provision of this award shall apply.
(xx) Service -
Service, for all purposes of this award, shall be time on the job or paid time
on leave.
(xxi) Employment -
Employment, for all purposes of this award, shall be elapsed time from the time
of engagement.
3. Hours
(i) The ordinary
hours of work shall be an average of 38 per week to be worked on no more than
an average of 5 days in 7 over one of the following work cycles:
(a) 38 hours
within a work cycle not exceeding seven consecutive days; or
(b) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(c) 152 hours
within a work cycle not exceeding 28 consecutive days; or
(d) 304 hours
within a work cycle not exceeding 56 consecutive days.
(e) Any other work
cycle during which a weekly average of 38 ordinary hours are worked as may be
agreed between the union, the employer and the majority of employees so
concerned.
The method of implementation may include an accrual
system of a rostered day off to a pattern determined by the employer with up to
five days of accrual.
(ii) The ordinary
hours of work for day workers prescribed herein shall be worked continuously,
except for meal breaks, at the discretion of the employer between 5.00 a.m. and
7.30 p.m. Provided that the spread of
ordinary hours may be altered by mutual agreement between an employer and the
majority of employees concerned.
Provided further that work done prior to the spread of
hours fixed in accordance with this subclause, for which overtime rates are
payable, shall be deemed, for the purpose of this clause, to be part of the
ordinary hours of work. All parties are
committed to the reasonable application of this subclause.
(iii) Where an
employer wishes to change the general system of working hours in accordance
with subclause (i) of this clause in an establishment, consultation and
communication should apply as follows:
(a) Discussion
should take place between the employer, union and/or employees with the
objective of reaching agreement on the system of working ordinary hours.
(b) If agreement
is not reached at the establishment level, the matter shall be referred to the
union in accordance with clause 25, Disputes Procedure, and a conference of the
parties shall be convened without delay.
(c) The employees
and the union should give full consideration to the proposals made by the
employer and the reasons thereof. The employer should give full consideration
to any objections, suggestions or counter proposals made.
(d) Conditional on
the above process the employer may implement the new system upon giving at
least seven days notice to the employees concerned.
(iv) Notwithstanding
the procedure in subclause (iii) of this clause, ordinary hours up to 12 may be
worked on any one day. The ordinary
hours can only exceed 10 on any one day by arrangement between an employer, the
union and the majority of employees concerned, subject to:
(a) proper
health monitoring procedures being introduced;
(b) suitable
roster arrangements being made; and
(c) proper
supervision being provided.
(v) Rostering -
The employer shall issue a roster for full and part-time (as defined)
employees, specifying the commencing and finishing times of ordinary hours of
work. Except in an urgent situation
involving livestock or by agreement of the employees, seven days’ notice by the
employer will be given to the employees of any change of roster, taking due
consideration of the needs of the business as well as the social needs of the
employee.
(vi)
(a) Shift Workers
-
Afternoon Shift means any shift finishing after 7.30
p.m. and at or before midnight.
Night Shift means any shift finishing subsequent to
midnight and at or before 8.00 a.m.
Early Morning Shift means any shift commencing after
2:00 a.m. and at or before 5.00 a.m.
(b) Shift Loadings
- A shift worker, whilst on shift work Monday to Friday, shall be paid the
following, in addition to the ordinary rate:
Afternoon Shift - 15 per cent.
Night Shift - Night shift which rotates with afternoon
shift and/or day - 15 per cent.
Permanent Night Shift - 30 per cent.
Early Morning Shift - 10 per cent.
4. Integrated Wage
Structure
(i) The minimum
rates of pay for adult employees employed as full-time employees in the
undermentioned classifications shall be as set out in Table 1 - Wages, of Part
B, Monetary Rates. First aid, meal and
leading hand allowances shall be as set out in Items 1,2,3 and 4 of Table 2 -
Other Rates and Allowances, of the said Part B.
(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.
(ii) Travelling
Allowance -
(a) The employee,
upon commencing employment, shall be notified in writing by the employer as to
the employee’s usual place of employment. The employer shall keep a copy or a
record of such notice.
(b) The usual
place of employment for the purposes of entitlement to travel allowance under
this award shall constitute an individual workplace or location.
(c) Where an
employee is required to attend any number of work locations within the
immediate geographical area of the employer’s operations the employee shall be
entitled to travel allowance for journeys to and from these places of work.
(d) Where an
employer wishes to alter an employee’s usual place of work, the employer shall
be required to give the employee a minimum of fourteen days’ notice of such
change. The provision of notice of a different usual place of employment shall
not affect an employee’s entitlement in the event of such a change of work
location to redundancy or other rights accruing by award, statute or common
law.
(e) Where an
employee in the course of duty is required to go to any place away from the
usual place of employment, the employee shall be paid all reasonable expenses
actually incurred in excess of the normal work journey cost, supported by
documentation, unless it is not practicable to obtain documentation.
(f) Where an
employee in the course of duty is required to travel outside of working hours,
in addition to paragraph (a) of this subclause, the employee shall be paid at
the ordinary rates for half of any time occupied in travelling outside of
ordinary working hours which is in excess of the time normally occupied in
travelling from home to the usual place of employment.
(g) Where an
employee is required by the employer to use a private motor vehicle on a casual
or incidental basis, and the motor vehicle is comprehensively insured and the
employee accepts all risks, the employee shall be paid, for vehicles up to and
including 2,000 cc, the amount as set out in Item 5 of Table 2; and, for
vehicles over 2,000 cc, the amount as set out in Item 6 per kilometre travelled
for the employer during such use. An
employer may not demand that an employee use a private vehicle for the
employer’s purposes.
(h) Where a
full-time employee is required to provide a motor vehicle, the employer shall pay
the amount set out in Item 7 of Table 2 per week and for a part-time or casual
employee, the amount as set out in Item 8 per day used; plus, in each case, the
amount set out in Item 9 per kilometre travelled for the employer. In addition, the employer shall reimburse
the employee for the cost of tolls, parking meter and parking station fees but
shall not be required to reimburse the employee for any fine.
(i) Where an
employer provides a vehicle, the employer shall pay the costs of maintenance,
registration, insurance and running expenses; and the employee shall maintain
the vehicle in a clean and hygienic condition, consistent with the image of the
industry, and shall display such promotional material on or in the vehicle as
the employer may require.
(iii) Casual
Employee - A casual employee shall be paid an additional 15 per cent loading
upon the ordinary hourly rate in lieu of sick leave, public holidays and
bereavement leave.
(iv) Part-time
Employee (Variable Hours) - An employee working as a weekly part-time employee
with a varied number of hours each week but a fixed number of days per week
shall receive an additional 7.5 per cent loading upon the normal hourly rate.
(v) Junior
Employees - A junior employee shall be paid the percentages of the
classification for the job they perform as set out in (I) of Table 1 - Wages,
of Part B.
Except for a trainee or an apprentice a junior employee
with more than 4,000 hours of service as defined in the industry shall be paid
the appropriate adult rate of pay.
(vi) Apprentices -
The rate of wage for an apprentice under the definitions of Rural Industries in
Clause 2 of this award, until the completion of the apprenticeship, shall be
paid the percentages of the Rural Tradesperson classification as set out in
(ii) of Table 1.
(vii) Adult Trainee
or Adult Apprenticeship -
(a) A normal
contract of apprenticeship nominating the authorised accredited training
provider shall be formed between the trainee and the employer.
(b) Time credit
for prior service as a trainee or apprentice within the specific area of
training and/or tertiary qualifications will be recognised after approval from
the appropriate accreditation body.
(c) The rate of
wage paid to an adult trainee or apprentice shall be:
First Year of Training - Normal semi-skilled rate such
as Poultry Services Artisan, Poultry Preparation All Others, Poultry Livestock
Farm Hand, or the present rate.
Second Year of Training - First year rate plus 25 per
cent of the difference between first year rate and the rate appropriate for the
skilled job task or tradesperson.
Third Year of Training - First year rate plus 50 per
cent of the above.
Fourth Year of Training - First year rate plus 75 per
cent of the above.
(d) Technical
Course Training - The employer shall grant time off with no loss of ordinary
pay for adult trainees or apprentices to attend an accredited training provider
and training course.
However, the trainee or apprentice shall, for all
ordinary days of duty, work 30 minutes per day during each full year that time
off is given to attend the course of training, in addition to paid time.
In addition, the trainee or apprentice shall arrange
that the rostered days shall coincide with a day of training. In the event of a dispute, clause 25,
Disputes Procedure, and subclause (c) of clause 19, Contract of Employment,
shall apply.
(e) In the event
of any industrial action leading to a strike, adult trainees or apprentices
shall remain at duty undertaking normal duties or normal course work
uninterrupted.
(f) Adult
apprentices or trainees shall receive the same conditions as other employees
covered by this Award.
(g) In the event
that the apprentice or trainee fails to progress or complete the adult training
programme they will revert to their previous classification.
5. Protective and Safety
Clothing and Equipment
(i) Employees
shall be provided with protective clothing to ensure that personal clothing
shall be protected form the product.
(ii) Protective
and safety clothing and equipment shall be worn as directed. Employees shall
not wear protective clothing to and from work.
(iii) Shower System
- Where a shower in and/or out system is a requirement for disease control
purposes and it is implemented by management on a farm or hatchery, each
employee shall, prior to commencement of duty, shower using toiletry products
supplied by the employer and shall dress into clothing supplied and laundered
by the employer.
No personal clothing, including jewellery or other
effects including lunches, cigarettes, tissues, etc., shall be taken onto the
farm or facility except that it is passed through an ultra violet light
bacteria control system or similar process of control.
Where and/or when necessary, in the employer’s opinion,
the employee shall also be required to shower out at the cessation of duty and
follow the same procedure.
(iv) Non-shower
System - Where the employer decides that the risk of disease to livestock is
less severe the employer shall provide protective clothing to the
employee. The protective clothing shall
be safety boots, overalls or shirt and trousers or, in hatcheries, a smock or
uniform or, where contact is made with the public, a uniform.
Where the employer provides clothing it shall be
exchanged one for one as worn out. For
specific jobs the employer shall supply cotton gloves and rubber gloves, aprons
and goggles or safety glasses, dust masks, wet weather clothing and gumboots,
all of which shall be exchanged as worn out and shall be worn at the employer’s
direction if the employer so directs.
(v) Employees
shall be issued with personal hearing protection devices where required, and/or
signs posted and replaced as necessary.
(vi) An employee
with special requirements other than above shall prove to the satisfaction of
the employer that other clothing is essential, in which case the other clothing
shall be supplied by the employee but laundered by the employer.
All protective clothing shall remain the property of
the employer and shall be returned upon termination.
The employer shall launder the clothing worn during the
course of an employee’s work, or pay the employee for laundry an allowance per
day worked, as set out in Item 10 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, provided that the clothing is maintained in a clean and
hygienic condition.
The employer may request that no employee shall remove
any protective clothing from the employer’s premises.
Where an employee does not wear and use safety
equipment and safety procedures as laid down, the employee shall be dealt with
under clause 19, Contract of Employment.
6. Mixed
Functions
(i) An employee
transferred from a lower paid to a higher paid classification shall be paid not
less than the higher rate of wages if the employee works for at least half the
rostered day of duty in the higher classification, otherwise the employee shall
be paid for the actual time on higher duties.
(ii) An employee
who is required to perform, on any day, work for which a lower rate of wage
than that of the employees ordinary classification is prescribed, shall suffer
no reduction in pay in consequence thereof.
7. Meals and
Rest Periods
(i) Meals -
(a) Day Work -
Each employee shall be granted an unpaid lunch break of 30 minutes, not more
than five hours after normal starting time.
(b) Shift Work -
All shift workers working shifts as defined shall be allowed 20 minutes for a
crib at times to be agreed upon between the employer and the employees, such
time to be counted as working time.
(ii) Rest Periods
- Day Work - A rest period of ten minutes shall be allowed for day workers in
each forenoon and shall be counted as time worked.
(iii) Notwithstanding
the arrangements in subclauses (i) and (ii) of this clause, the employer may
reach agreement for another pattern of meal and rest breaks which is consistent
with the breaks nominated in the said subclauses (i) and (ii).
8. Overtime
(i) All time
worked in excess of ordinary hours as defined shall be overtime and shall be
paid for at the rate of time and one-half for the first two hours and double
time thereafter. Where an accrued
leisure time system is in operation, overtime shall commence after the accrual
of leisure time has been worked.
(ii) Overtime on
Saturday or Sunday shall be for a minimum of four hours from start time.
(iii) Where
overtime is unplanned and not notified the day or days beforehand, a meal will
be provided after one hour 30 minutes of overtime if work will continue beyond
the meal break, or payment will be made as set out in Item 11 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(iv) Where overtime
will exceed one hour 30 minutes the employee shall be allowed a 20 minute
unpaid meal break at a convenient time.
(v) An employee
notified the day or days prior to an overtime day shall not be paid a meal
allowance unless the overtime is not required.
If the overtime is not required the employee shall be paid a meal
allowance for the meal prepared and not required if cancellation of overtime is
not given at least the day before.
(vi) A meal need
not be provided nor payment made therefor if the employee is permitted to and
can reasonably return home for a meal.
(vii) All time
worked on any day before the ordinary hours or after the ordinary hours as
defined in clause 3, Hours, shall be paid at overtime rates but may be counted
towards ordinary hours for the day.
(viii) It shall be a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
(ix) For the
purpose of this award in computing overtime, each day’s work shall stand alone.
(x) On each
occasion an employee, other than an employee provided with actual accommodation
on a farm, is recalled to work overtime, the employee shall be paid a minimum
of 3.8 hours at the appropriate overtime rate.
(xi) An employee
shall be given at least eight consecutive hours off duty between the work of
consecutive days or be released from duty without loss of pay on the next day
until the employee has had at least eight consecutive hours off duty. If the employer directs the employee to
resume duty without at least eight consecutive hours off duty, the employee
shall be paid at the rate of double time until released from duty to obtain
eight consecutive hours off duty.
9. Saturdays,
Sundays, Public Holidays and Union Picnic Day
(i) Saturday -
The rate for ordinary duty on Saturday shall be time and a half where a
five-day week is worked in accordance with clause 3, Hours.
(ii) Sunday - The
rate for ordinary duty on Sunday shall be double time where a five-day week is
worked in accordance with the said clause 3.
The rate for overtime duty on a Sunday shall be double
time with a minimum payment of four hours at such rate, except for work which
is continuous with ordinary duty.
(iii) Public
Holidays -
(a) Full-time and
part-time employees shall be entitled to the following public holidays without
loss of pay:
New Year’s Day;
Australia Day;
Good Friday;
Easter Saturday;
Easter Monday;
Anzac Day;
Queen’s Birthday;
Union Picnic Day ( in March or December, or any day on
a day agreed with the employees);
Labour Day;
Christmas Day;
Boxing Day
and any day gazetted as a holiday for the State.
The employer and the employees may reach agreement to
substitute any other day for the day or days prescribed above.
With regard to Union Picnic Day, an employer may
require any employee to work on such Picnic Day and unless reasonable excuse
exists the employee shall work in accordance with such requirements at the
rates prescribed by subclause (iv) of this clause.
The employer may require from an employee evidence of
attendance at the picnic and the production of the evidence of attendance. Where such evidence is requested by the
employer, payment need not be made unless the evidence is produced.
(b) Full-time and
part-time employee shall be entitled to the holidays and no deduction shall be
made from the employee’s weekly wage for such days not worked regardless of the
normal rostered hours for that day, except that payment for workers’
compensation and payment under this clause shall, taken together, not exceed
one day’s pay. (If the employee is
normally rostered for duty on a day on which a public holiday falls and that
duty would have been 9.5 hours except for the public holiday, the employee
shall be paid 9.5 hours for the public holiday.)
If the employee is not normally rostered for duty on
the day on which a public holiday falls, and a public holiday occurs, the
employee shall not receive additional payment for the public holiday.
(c) Where the
employer and the union agree that the application of paragraph (b) of this
subclause is inappropriate, an alternative method may be defined and proposed
before the Industrial Relations Commission of New South Wales as a more
appropriate method and, if endorsed for a particular location, adopted in lieu
thereof.
(iv) An employee
absent without leave on the full working day before or the full working day
after a public holiday or holidays, shall forfeit wages for the holiday as well
as for the day or part day of absence, except where an employer is satisfied
that the absence was due to illness or other reasonable cause supported by a
medical certificate or other evidence.
(v) An employee
required to work on a public holiday shall be paid at the rate of one and
one-half times the day rate in addition to pay for the holidays prescribed in
paragraphs (b) and (c) of subclause (iii) of this clause for a minimum of four
hours and up to the usual rostered hours.
For time worked in excess of the ordinary roster hours overtime rates
shall apply.
10. Annual Leave
See Annual Holidays
Act 1944.
11. Annual Leave
Loading
(i) In this
clause the Annual Holidays Act 1944
is referred to as "the Act".
(ii) An employer
shall pay an employee a loading determined in accordance with this clause.
(iii) The loading
is payable in addition to annual leave paid.
(iv) The loading is
to be calculated in relation to any period of annual leave to which the
employee becomes entitled under the Act.
(v) The loading is
the amount payable for the period of leave at the rate of 20 per cent of the
appropriate weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
annual leave. It shall not include the
amount prescribed for allowances, including shift allowances, penalty rates,
overtime or any other payments.
(vi) No loading is
payable to an employee who takes annual leave in advance until the anniversary
date has elapsed, except at the discretion of the employer.
(vii) Where the
employer’s establishment or part of it is temporarily closed down for the
purpose of giving an annual leave without pay to the employees concerned:
(a) An employee
who is entitled to and takes annual leave shall be paid the loading.
(b) An employee
who is not entitled to annual leave and takes leave without pay shall be paid
such proportion of the loading that would have been payable had the employee
become entitled to annual leave prior to close down.
(viii)
(a) Where annual
leave has fallen due and has not been taken and the employee’s services are
terminated for a cause other than misconduct by the employer, the loading shall
be paid for the leave that had fallen due.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on
termination of an employee’s employment.
(ix) This clause
extends to an employee who is given and takes annual leave and who would have
worked as a shift worker if the employee would not have been on holidays,
provided that if the amount to which the employee would have been entitled by
way of shift work allowances and weekend penalty rates for the ordinary time
(not including time on a public or special holiday) which the employee would
have worked during the period of the holiday, exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
12. Sick Leave
(i) A weekly
employee who is unable to attend for duty during the ordinary working hours by
reason of personal illness or personal incapacity (excluding workers’
compensation matters) shall be entitled to leave of absence without deduction
of pay, subject to the following conditions and limitations:
(a) An employee
shall not be entitled to paid leave of absence for any period in respect of
which workers’ compensation payments are claimed and made.
(b) The employee
shall, as soon as reasonably practical and not later than during the ordinary
hours of the first day or shift of such absence, inform the employer of an
inability to attend for duty and, as far as practicable, state the nature of
the injury or illness and the estimated duration of the absence.
(c) The employee
shall prove to the satisfaction of the employer that the employee was unable to
attend for duty on the day(s) for which payment is claimed. The employee shall provide a medical
certificate.
(d) The employee
shall be entitled to 7.6 hours sick leave per month up to a maximum of 38 hours
in the first 12 months of actual service and 76 hours sick leave for each 12
months of service thereafter.
(e) Sick leave
credits shall accumulate indefinitely.
(f) No employer
shall be party to a payment for untaken sick leave credits.
(ii) An employee
absent without leave on any part of the working day before or any part of the
working day after a rostered leisure day shall forfeit wages for the day of
absence except where the employer is satisfied that the absence was due to
illness or other reasonable cause supported by a medical certificate or other
evidence.
(iii) Where an
employer believes an employee is taking time off on sick leave, which in the
employer’s view is inappropriate, it shall be dealt with in accordance with
subclause (iii) of clause 19, Contract of Employment.
(iv) Where a change
in employment contract occurs from part-time to full-time or from one set of
part-time hours to another set of part-time hours or from full-time to
part-time the pre-credit for sick leave will be retrospectively adjusted.
The adjustment shall be in accord with the following principles:
(a) The pre-credit
at each anniversary date is to last for a whole year and assumes the same fixed
hours for the year.
(b) A pro rata
calculation shall be made retrospective to the last anniversary date up until
the date of change of the employment contract.
(c) A pro rata
calculation shall be made prospective from the date of change of the employment
contract until the next anniversary date.
(d) Paragraphs (b)
and (c) of this subclause added together shall be the new pre-credit until the
anniversary date.
(e) Notation: If a
pre-credit of 76 hours was granted at the last anniversary date, and that was
nine months ago, the record will be adjusted to show 9/12 x 76 or 57 hours
credit, less what had been taken. If
that same employee became a 19-hour per week regular part-time employee the
last three months’ credit would be recorded as 3/12 x 38 or 9.5 hours. The total credit would be readjusted from 76
to 66.5 less time taken to date.
The same principles will be used in either direction,
but only while remaining a regular weekly employee under one of the
classifications.
(v) The
accumulation of sick leave shall be such that it is not possible for any
full-time 7.6 hour employee to have more than 10 days (76 hours) per year sick
leave accrual in the second and subsequent years. This may mean that an employee who ceases duty and recommences,
may recommence with a negative credit if sick leave has been used in excess of
the pro rata amount up to the time last worked. The same principles shall apply to part-time employees in ratio
of hours worked to 38 hours. This
clause shall lapse after a period of 12 months and one day from the last day of
duty.
(vi) Any employee
who has provided a medical certificate or had a prior claim approved for paid
leave before a strike, and that certificate or claim continues into the strike
period, will be paid for the strike day or days by the certificate or
certificates or claim.
(vii) If the company
is notified about a sick claim on the day of a dispute and prior to the
cessation of work, the sick day claimed will be paid for the same time as the
section actually works.
13. Long Service
Leave
See Long Service Leave
Act 1955.
14. Bereavement
Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the 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 12, Personal
Carer’s Leave, provided that for the purposes of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
Bereavement leave may be taken in conjunction with the
other leave available under subclauses (2), (3), (4), (5) and (6) of the said
Clause 12. In determining such a request the employer will give special
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
15. Parental Leave
See Industrial
Relations Act 1996, Chapter 2, Part 4 - Parental Leave - Division 1 and
Division 2.
16. Personal/
Carer’s Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) 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 12, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) A child or an
adult child (including an adopted child, a step- child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related
by blood, marriage or affinity;
(2) "affinity" means
a relationship that one spouse,
because of marriage, has to blood relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single-day periods, or part thereof, in any
calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union, which is both party to the
award and which has members employed at the particular enterprise, of its intention
to introduce an enterprise system of RDO flexibility and providing a reasonable
opportunity for the union(s) to participate in negotiations.
17. Jury Service
(i) Full-time and
part-time employees required to attend for jury service during the ordinary
working hours shall be reimbursed by the employer an amount equal to the
difference between the amount paid in respect of attendance for jury service
and the amount of the wage that would have been received in respect of the
ordinary time that would have been worked had the employee not been on jury
service.
An employee shall notify the employer as soon possible
of the date attendance is required for jury service.
(ii) The employee
shall give the employer proof of attendance, the duration of attendance and the
amount received in respect of such jury service.
(iii) An employee
called upon to attend for jury service and not required to remain at the Court
House shall return to duty within a reasonable period.
(iv) On
notification of jury service the employee shall complete the following
document:
JURY SERVICE -
PREPAYMENT AND DEDUCTION
I
.........................................................of
............................................................
hereby attach a notification for Jury Service on the
following day or days
..........................................................................................................................
I hereby give authority for the company to make up my full
wages for the day or days of absence and to pay such wages to
..............................................or to myself.
On the completion of my jury service I hereby agree to
refund to the company the full daily payment received from the Court and in
default have such payment deducted from my wage or other monies.
I understand that if I am not required for jury duty I will
make my way to work in a reasonable time.
I understand that if I am required for jury duty it is my
responsibility to ask the Sheriff of the Court to phone the Paymaster regularly
to advise of my situation.
Signed:...........................................
18. Payment of
Wages
(i) Wages shall
be paid in the employer’s time on a fixed day each week and shall include all
monies up to the finishing time two weekdays earlier. Except when prevented by an industrial dispute beyond the
employer’s control, an employer shall ensure that an employee kept waiting for
wages for more than 15 minutes after the normal cessation of duty shall be paid
waiting time at single rates until such time as wages are available.
(ii) Payment may
be made by EFT or cheque or by cash at the employers’ discretion, provided that
the said employer meets any charges associated with the lodgement of the
payment to nominated financial institutions.
The nominated institutions shall be determined by the employer but shall
include a financial bank and building society or credit union.
19. Contract of
Employment
(i) Unless
specified otherwise, employment shall be full-time. Full-time and part-time employees
shall give and receive one week’s notice or payment in lieu thereof to
terminate employment.
(ii) A full-time
and part-time employee not attending for duty shall lose pay for the actual
time of non-attendance, except where paid leave has been granted. Paid leave will not be granted during a
period of notice.
(iii)
(a) Nothing herein
contained shall affect the right of the employer to dismiss any employee
without notice for malingering, inefficiency, neglect of duty or misconduct,
and in such cases the wages shall be paid up to the time of dismissal only.
(b) In lieu of
dismissal for an action other than wilful misconduct, the employer and employee
representatives may agree to direct the employee concerned on
"disciplinary leave". Such leave shall be without pay and shall be
for a period of not less than five working days and not more than 20 working
days.
This option may only be exercised once in any two-year
period for an individual employee.
In this industry the employer extends the extent of wilful
misconduct to include any theft, consumption or distribution of alcohol or
drugs which are not prescribed, and which are addictive and not for legal
trade.
In respect of these issues, where the employer's action
is challenged the employer may request the assistance of the police.
(c) Counselling
Procedure - In any case where the action of an employee is unacceptable to the
employer, the employee shall be verbally counselled about the behaviour, in the
presence of a witness representing the interests of the employee.
Where counselling has failed to modify the employee’s
behaviour, the employer may consider written counselling on the following
bases:
The disciplinary matter will be committed to writing
identifying the behaviour that is unacceptable, the performance that is
required, and a review date.
If no change occurs by the review date, the employed
shall show cause why termination should not occur.
If change is satisfactory, there shall be no further
action for the first incident if it is not repeated.
If this procedure is implemented a second time for the
employee, the record shall also include the notation that it is a final
warning.
If this procedure is implemented a third time within
the next 12 months, the provisions of paragraph (a) of this subclause shall be
applied automatically.
(iv) This clause
shall not effect the right of the employer to deduct payment for any day or
portion thereof during which an employee is stood down by the employer as the
result of refusal of duty, malingering, inefficiency, neglect of duty or
misconduct on the part of the employee.
(v) Notification
of Continuing Employment - An employee absent from duty for in excess of three
days without due notification under any leave clause of this award, shall be
deemed to have abandoned employment on the last day of duty.
The employer shall take any reasonable steps to be
informed of the employee’s situation over the next 24 hours including, where
necessary, a telegram or equivalent to the last notified address of the employee.
If the reasonable steps have been taken, the
termination shall be confirmed.
However, should the employee contact the employer within 14 elapsed
days, and a just and cogent reason exists for the absence which can be
substantiated, the employee will not be deemed to have abandoned employment.
(v) An employer
may direct an employee to carry out such duties as are within the limits of an
employee’s skill, competence and training, and the employee will follow such
direction.
20. Amenities
Each employer shall provide for the use of employees:
(i) Adequate
lockers suitably fitted in dressing rooms of suitable dimensions.
(ii) A clean, well
ventilated meal room with suitable table and seating.
(iii) Facilities
for boiling water for meals and at rest breaks.
(iv) Suitable
toilets so as to accommodate the number of employees so employed. Such facilities to be separate male/female
where there are more than two of each sex.
In such case the toilet shall be lockable from the inside.
(v) The employer,
with the co-operation of the employees, shall cause all accommodation to be
kept in a clean and sanitary condition.
(vi) Hand basin
with running water.
21. Accredited
Union Representative
(i) An elected
employee representative shall, upon notification to an employer in writing from
the union Secretary, be recognised as the accredited representative of the
union.
The employer shall recognise two accredited employee
representatives and may recognise in addition one representative for each 100
members or part thereof at any one location.
(ii) An accredited
employee representative shall be permitted to put on notice-boards notices
signed or countersigned by the representative posting them. Any notice not signed may be removed by an
accredited employee representative or by the employer.
(iii) Where the
employer deems it appropriate, the employer may permit the accredited
representatives as above to meet in a given month for not more than one hour in
the employer’s time. In addition, a
single representative will be permitted to be off the job on each occasion they
are reasonably required and requested by an employee to represent the
employee’s interest at a period where counselling takes place in accordance
with clause 19, Contract of Employment, or paragraph (c), Counselling
Procedure, of subclause (iii) of the said clause 19.
22. Payroll
Deduction of Union Dues
Where the accredited employee representative or the union
requests the employer to assist the union by deducting union dues on a weekly
or other basis, the employer may, at the said employers’ discretion, agree on
the following bases:
(i) The employer
shall sign each appropriate job appointee as a union member and such signature
shall automatically entitle the employee to claim membership and the union to
claim dues. The employer shall advise
the union when deductions are not being made for an eligible employee in terms
of the rules of coverage.
(ii) The employer
shall deduct the nominated weekly union dues from the employee in full for any duty
during a pay week. The union shall
nominate in writing the appropriate level of dues to the employer and this
nomination shall be acted upon in good faith.
(iii) The employer
shall provide a list of weekly deductions on behalf of employees to the union
and shall supply membership applications once per month.
(iv) The union
shall not impose a deduction rate on any one person that is not imposed upon
all persons of a similar status within the branch.
(v) The union
shall not require a joining fee or a separation fee.
The employer may use computer pay techniques to assist
the union in gathering dues and the union for its part shall forego joining and
termination payments. The employer
shall not charge a fee to the union to undertake this task.
23. Right of Entry
Union right of entry is in accordance with Chapter 5 Part 7
of the Industrial Relations Act 1996.
24. Training
Training -
(i) The parties
to this award recognise that in order to increase the efficiency, productivity
and competitiveness of the industry, a greater commitment to training is
required. Accordingly, the parties
commit themselves to:
(a) Maintain and
develop an appropriately skilled and flexible workforce.
(b) Provide the
opportunity for career development consistent with the needs of the individual
company.
(c) Removing
barriers to the utilisation of skills acquired.
(ii) An employer
shall develop a training programme consistent with:
(a) The current
and future training needs of the enterprise.
(b) The size,
structure and nature of the operations of the enterprise.
(c) The need to
develop vocational skills relevant to the enterprise through internal courses
or courses conducted by accredited providers.
Adult Trainee or Adult Apprenticeship - It is the
intent of the parties to further develop the training concepts embodied in
adult apprenticeship or traineeship systems and insert the developed program
into the award.
25. Disputes
Procedure
The procedure for the resolution of industrial disputes will
be in accordance with the Industrial
Relations Act 1996. These
procedural steps are:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedure
for a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(iii) It is a
purpose of this procedure that normal work continue while the above is being
followed. No party shall be prejudiced
as to final settlement by the continuance of work in accordance with the
procedure.
(iv) This
procedure shall not apply to any dispute on a safety issue.
26. Consultative
Mechanism
Each plant or enterprise shall establish a consultative
mechanism and procedure appropriate to its size, structure and needs for
consultation and negotiation on matters affecting its efficiency and
productivity.
27. Superannuation
(a) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee
(Administration) Act, 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993. The legislation, as varied from time
to time, governs the superannuation rights and obligations of the parties.
(b) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust
(ASSET)
Australian Primary Industry Superannuation Fund (APISF)
Such other funds that comply with the requirements of
the legislation
and shall participate in accordance with the Trust Deed
of that fund.
NOTATION: Employer contributions under relevant
legislation are set at 7% until 30 June 2000, when they will increase to 8% and
a final adjustment of 9% from 1st July 2002
(c) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
within 14 days.
(d) An employee
may make contributions to the fund in addition to those made by the employer.
(e) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee’s wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(f) An employee
may vary additional contributions by a written authorisation and the employer
must alter the additional contributions within 14 days of the receipt of the
authorisation.
(g) All
contributions shall be made at the completion of each calendar month.
(h) Ordinary
time earnings shall be defined as including:
(i) Award
classification rate
(ii) overaward
payment
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
overtime
(iv) Casual loading
in respect to casual employees including 1/12 Annual Holiday Loading
Ordinary time earnings does not include bonuses,
commission, payment for overtime or other extraordinary payment, remuneration
or allowance.
28. Anti
Discrimination
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 (NSW) 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 responsibilities as a
carer.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
3. Under the Anti-Discrimination Act, 1977 (NSW) it
is unlawful to victimise an employee because the employee has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW)
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(a) Employer’s
and employees may also be subject to Commonwealth Anti- Discrimination
legislation.
(b) Section
54(d) of the Anti Discrimination Act
1977 provides:
"Nothing in the Acts affects.... Any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is unnecessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
29. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by clause 2, Definitions.
(ii) This clause
shall apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific period
of time or for a specified task or tasks or where employment is terminated due
to the ordinary and customary turnover of labour.
(B) Introduction
of Change -
(i) Employer's
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matter referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (i).
(c) For the
purposes of such discussions, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on the employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(C) Redundancy
(i) Discussions
before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subclause (B) -
Introduction of Change, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subparagraph (a) of this
paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as is practicable,
provide to the employees concerned and the union to which they belong, all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(D) Termination
of Employment -
(i) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subparagraph (a) of paragraph (i.) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
notice, with not less than two years continuous service, shall be entitled to
an additional week’s notice.
(c) Payment in
lieu of notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice of
Technological Change - This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from technology in
accordance with subparagraph (a) of paragraph (I) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(b) Payment in lieu
of notice above shall be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off
during notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(iv) Employee
leaving during the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to
payment in lieu of notice.
(v) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Employment National - Where a decision has been made to terminate employees,
the employer shall notify Employment National thereof as soon as possible,
giving relevant information, including the number and categories of employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(vii) Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
(viii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this
clause, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee’s employment had
been terminated and the employer may, at the employer’s option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rate for the number of
weeks notice still owing.
(E) Severance
Pay -
(i) Where the
employment of an employee is to be terminated pursuant to subclause (D) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the following severance pay in respect of a
continuous period of service.
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) ‘Week’s
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause.
The 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 (i.) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in the said
paragraph (i) if the employer obtains acceptable alternative employment for an
employee.
(F) Savings Clause
- Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy agreement, taken as a whole, between
the union and any employer bound by this award.
30. Area,
Incidence and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Poultry Industry Livestock (State) Award pub1ished on 1 August
1997 (300 IG 208) and all variations thereof.
The award published on 1 August 1997 took effect from the
first full pay period to commence on or after 8 November 1996 and shall remain
in force for a period of two years.
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 New South Wales on 18 December
1998 (308 IG 307) take effect on and from 5 July 2001.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
This award shall operate in so far as it applies to poultry
farming principally for meat breeding:
(i) Upon
Poultry Farms and Hatcheries -
(a) in connection
with poultry farming principally for meat breeding;
(b) the sowing,
raising, harvesting or treating of farm produce for meat breeding;
(c) at other farm
and hatchery work principally for meat breeding; or
(ii) At clearing,
fencing, trenching, draining or otherwise preparing land for any of the
abovementioned purposes within the State.
It shall apply to all poultry farm employees employed
in rural industries within the meaning of Rural Industries in clause 2 of this
award.
PART B
MONETARY RATES
TABLE 1 - WAGES
|
Classification
|
Base Rate Per Week
$
|
SWC 2000
$
|
Total Weekly Rate
$
|
|
Farm Transporter -Two Axle
|
497.30
|
15.00
|
512.30
|
|
Farm Transporter
|
465.20
|
15.00
|
480.20
|
|
Certified Rural Tradesperson
|
477.20
|
15.00
|
492.20
|
|
Farm Maintenance
Worker
|
443.80
|
15.00
|
458.80
|
|
Stock Hand
|
416.80
|
15.00
|
431.80
|
|
Hatchery Assistant
|
406.30
|
15.00
|
421.30
|
|
Farm Hand
|
402.10
|
15.00
|
417.10
|
|
General Hand
|
385.40
|
15.00
|
400.40
|
(i) Junior
Employees - Junior employees shall be paid the following percentages of the
classification for the job they perform:
|
|
Percentage
|
|
At 16 years
|
60
|
|
17 years
|
65
|
|
18 years
|
70
|
|
19 years
|
80
|
|
20 years
|
90
|
(ii) Apprentices -
Apprentices shall be paid the following percentages of the Rural Tradesperson
classification:
|
|
Percentage
|
|
First year
|
42
|
|
Second year
|
55
|
|
Third year
|
75
|
|
Fourth year
|
88
|
|
20 years of age
|
90
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
4(i)
|
First-aid allowance
|
1.70 per day
|
|
2
|
4(i)
|
Meal allowance
|
7.85 per day
|
|
3
|
4(i)
|
Leading Hand - Large Group
|
19.30 per week
|
|
4
|
4(i)
|
Leading Hand - Small Group
|
14.10 per week
|
|
5
|
4(ii)(g)
|
Motor allowance for vehicle up to 2,000 cc
|
0.43per km
|
|
6
|
4(ii)(g)
|
Motor allowance for vehicle over 2,000 cc
|
0.50 per km
|
|
7
|
4(ii)(h)
|
Required to provide a car (full-time employee)
|
89.60 per week
|
|
8
|
4(ii)(h)
|
Required to provide a car (part-time employee)
|
18.00 per day
|
|
9
|
4(ii)(h)
|
For each km travelled
|
0.28per km
|
|
10
|
5
|
Laundry allowance
|
1.55 per day
|
|
11
|
8(iii)
|
Unplanned overtime meal allowance
|
7.85
|
F. L. WRIGHT J,
President.
M. J. WALTON J,
Vice-President.
R. W. HARRISON D.P.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.