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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MEAT PRESERVERS, &c. (STATE) CONSOLIDATED AWARD
  
Date08/16/2002
Volume335
Part6
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C1070
CategoryAward
Award Code 468  
Date Posted08/15/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(468)

SERIAL C1070

 

MEAT PRESERVERS, &c. (STATE) CONSOLIDATED AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Nos. IRC 1892 of 1999 and 3847 of 2001)

 

Before Commissioner O'Neill

20 June 2001

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Anti-Discrimination

3.         Definitions

4.         Hours

4.1        Weekly Full-time Employees

4.2        Shift Workers

4.3        12-hour Shifts

5.         Meal Time and Meal Allowances

6.         Wages

7.         Arbitrated Safety Net Adjustment

8.         Award Modernisation

9.         Flexibility of Work

10.       Commitment to Training and Careers

11.       Consultative Mechanism

12.       Overtime

13.       Superannuation

14.       Holidays

15.       Annual Leave

16.       Annual Leave Loading

17.       Sick Pay

18.       Personal/Carer's Leave

19.       Long Service Leave

20.       Bereavement Leave

21.       Mixed Functions

22.       Payment of Wages

23.       Piecework Rates

24.       Terms of Employment

25.       General Conditions

26.       Right of Entry

27.       Leave Reserved

28.       Enterprise Arrangements

29.       Settlement of Disputes

30.       Redundancy

31.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Table 2 - Other Rates and Allowances

 

2.  Anti-Discrimination

 

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

 

2.2        Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

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

 

2.4        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 body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

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

 

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

 

3.  Definitions

 

Union means The Australasian Meat Industry Employees’ Union, New South Wales Branch.

 

Part-time weekly employee shall mean an employee engaged to work less than the ordinary weekly hours prescribed by this award.

 

4.  Hours

 

4.1        Weekly Full-time Employees -

 

(a)        The ordinary hours of work for full-time workers, exclusive of meal breaks, shall not exceed an average of forty per week.

 

(b)

 

(i)         Ordinary hours shall be worked between 5.00 a.m. and 7.00 p.m. Monday to Sunday, in one of the following methods:

 

(ii)        40 hours within a work cycle not exceeding 7 days; or

 

(iii)       80 hours within a work cycle not exceeding 14 days; or

 

(iv)      120 hours within a work cycle not exceeding 21 days; or

 

(v)       160 hours within a work cycle not exceeding 28 days; or

 

(vi)      Such other methods as may be agreed from time to time between the employer and the employee(s) affected.

 

(c)        The ordinary hours may vary from worker to worker and from section to section within the enterprise, by agreement between the employer and the employee(s).

 

(d)

 

(i)         Ordinary Hours Saturday - Ordinary hours worked on a Saturday shall be paid at a premium of an additional 50 per cent to the ordinary rate of pay.

 

(ii)        Ordinary Hours Sunday - Ordinary hours worked on a Sunday shall be paid at the premium of an additional 75 per cent to the ordinary rate of pay.

 

4.2        Shift Workers -

 

(a)        A shift may be worked provided that the ordinary hours shall not exceed 40 hours per week inclusive of crib time and shifts may be worked Monday to Sunday in defined shifts as follows:

 

"Night Shift" shall mean a shift finishing subsequent to midnight and at or before 9.00 a.m.

 

"Afternoon Shift" shall mean a shift finishing after 7.00 p.m. and at or before midnight.

 

"Early Morning Shift" shall mean a shift finishing after 9.00 a.m. and before 2 p.m.

 

(b)        Shift Allowances - A shift worker working on any of the shifts as defined in this clause shall in addition to their ordinary rates of pay for the classifications prescribed in Part A of this award, for each shift be paid:

 

 

Percentage

(1)        Early morning shift

15

(2)        Afternoon shift

15

(3)        Night shift rotating with afternoon shift or day work

15

(4)        Permanent night shift

30

 

(c)        The employer shall give the union not less than seven days' notice or such lesser period of notice by mutual agreement in the case of emergencies of the intention to alter work shifts and of the times between which such shifts shall be worked.

 

(d)        A crib time of twenty minutes shall be allowed to shift workers on each shift, which shall be counted as time worked.

 

4.3        12-Hour Shifts -

 

(a)        The actual time at which work is to commence and finish shall be fixed by the employer and once fixed will not be altered unless one week’s clear notice to the worker is given provided that such one week’s notice shall not be required if any change of hours is by mutual agreement between the employer and the worker.

 

(b)        The ordinary hours may vary from worker to worker and from section to section within the enterprise, with the agreement of the worker(s) concerned.

 

(c)        Where shifts in excess of ten hours and up to twelve hours are sought by the employer and/or worker(s), agreement with the AMIEU must also be obtained. The AMIEU shall not unreasonably withhold such agreement.

 

5.  Meal Time and Meal Allowances

 

5.1        Day workers shall have a meal break of not less than thirty minutes or more than one hour between 11 a.m. and 2.30 p.m. Day workers can be worked up to six hours before the requirement of a meal break is necessary.

 

Such meals for all employees may be staggered by the employer within each particular work area in order that full production may be maintained wherever possible.

 

5.2        Shift workers shall not be compelled to work more than six hours without a break for a crib of twenty minutes which shall be allowed without deduction of pay and shall be taken at a time suitable to the needs of the business.

 

5.3        Except as to shift workers a break of fifteen minutes each forenoon and afternoon shall be allowed to all employees for smoke-oh and shall be paid for as time worked.  The signal to cease work for smoke-oh shall be given only by the person designated by the employer.

 

5.4        An employee who has not been notified on the immediately preceding working day that he will be required to work overtime on any day for more than two hours shall be provided with a meal by the employer or in lieu thereof shall be paid the amount set in Item 1 of Part B. An employee who has provided him/herself with a meal after having been so notified and who is not then required to work after the normal ceasing time shall be paid the amount set in Item 1 of Table 2 of Part B.

 

6.  Wages

 

6.1        Adults - The minimum rates of pay for a full-time employee shall be as set out in Table 1 of Part B of this award.

 

6.2        Junior - A junior employee shall be paid according to age, a percentage of Meat Processor - Grade I - General Hand.

 

 

Percentage per week

At 15 years of age

47.5

At 16 years of age

52

At 17 years of age

57

At 18 years of age

75

At 19 years of age

90

At 20 years of age

95

 

6.3        Extra Rates -

 

(a)        Employees engaged in the band saw, handing out or chilling room shall be entitled to an allowance set out in Item 2 of Table 2 of Part B of this award when the temperature falls to 4.4 degrees Celsius or lower.

 

(b)        Employees employed on washing dirty cans, i.e., cans which have been blown or affected by other cans which have been blown, shall be paid an amount set out in Item 3 of Table 2 Part B of this award.

 

7.  Arbitrated Safety Net Adjustment

 

7.1        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.

 

8.  Award Modernisation

 

8.1        The parties are committed to examining this award to ensure it reflects the need of modern business and to eliminate or amend provisions which restrict the ability of employers to adapt quickly and efficiently to changes affecting their business and the provision of service to the consumer/customer.

 

8.2        The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

8.3        The union is prepared to discuss with employers all matters raised by the union and the employers for increased flexibility.  As such any discussion with the union must be premised on the understanding that:

 

(1)        Changes will not be of a negative cost-cutting nature.

 

(2)        The negotiations will include the union and employer associations.

 

(3)        The union will not unreasonably oppose agreement.

 

(4)        If agreement cannot be reached in the implementation process on a particular issue it shall be referred to the Industrial Relations Commission of New South Wales for resolution.

 

8.4        The parties agree that under this heading any award matter can be raised for discussion.

 

8.5        Where any agreement is reached pursuant to this clause earlier than 6 months from the date of introduction of this clause the union will not oppose implementation of the agreement in the award prior to the expiry of the 6 months.

 

9.  Flexibility of Work

 

9.1        Employees are to perform a wider range of duties including work which is incidental or peripheral to their main task or functions.

 

9.2        Employees shall perform such work as is reasonable and lawfully required of them by the employer including accepting instruction from authorised personnel.

 

9.3        Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee.

 

9.4        Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times.

 

10.  Commitment to Training and Careers

 

10.1      The parties acknowledge that varying degrees of training are provided to employees, both via internal, on the job and through external training providers.

 

10.2      The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where this is required.

 

10.3      It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training.

10.4      The parties agree to continue discussions on issues raised related to training.

 

11.  Consultative Mechanism

 

Each plant or enterprise shall establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

 

12.  Overtime

 

12.1

 

(i)         All time worked in excess of or outside the ordinary hours of work specified in this award shall be paid for at the rate of time and one-half for the first three hours and double time thereafter.

 

(ii)        It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the industry.

 

(iii)       When overtime is worked on Saturday and Sunday, the rate for the purpose of this calculation shall be exclusive of the premiums prescribed in paragraph (d) of subclause 4.1 of clause 4, Hours.

 

(iv)       In the calculation of overtime each day shall stand alone and overtime rates shall be paid for once only.

 

12.2      Time worked outside the fixed hours for that day, by a worker arriving late, is to be considered ordinary time until the worker has worked the normal number of rostered hours for that day.

 

12.3      Subject to genuine agreement between an employer and the worker, payment for overtime may be converted to time off in lieu to be taken as one hour off for one hour's pay. The calculation formula for time in lieu shall be the same as the monetary calculation for overtime as per subclause 12.1 of this clause.

 

12.4      Provided that time off in lieu of overtime payments at ordinary rates may be the subject of such an agreement.

 

13.  Superannuation

 

In this clause:

 

13.1      "Approved scheme" means a scheme or fund which complies with the Australian Government's operational standards for occupational standards for occupational superannuation funds.

 

13.2

 

(a)        "Eligible employee" means an employee of the employer. Provided that such employee has been in the service of the employer for the immediately preceding 8 weeks irrespective of intermittency of employment during that 8 weeks.

 

(b)        Where an employee becomes an "eligible employee" the employer's contribution of 3 per cent of ordinary time earnings shall be retrospectively made to apply from the first day of employment.

 

13.3      "Employer" means an employer who is bound by this award and who usually employs employees performing the work of one or more of the classifications mentioned herein.

 

13.4      "Ordinary-time earnings" means the rate paid for annual leave purposes (excluding annual leave loading) pursuant to the Annual Holidays Act 1944.

 

 

13.5

 

(a)        Where an eligible employee has not nominated an approved superannuation scheme within the meaning of the Superannuation Principle of the State Wage Case 1987, the employer shall in respect of an eligible employee contribute, pursuant to the relevant trust deed or deed of adherence, to a scheme determined by the employer. Where an eligible employee has nominated an approved superannuation scheme within the meaning of the said Superannuation Principle to be a relevant fund, each employee shall have the right to elect, within 1 month of 6 March 1990, or a date subsequent when employment commences, as the case may be, between the employer contributing, in respect to him or her, to either the approved superannuation scheme so nominated by the eligible employee or a scheme nominated by the employer, provided that failing such an election being made by an employee in the time allowed the employer shall determine the scheme into which the employer's contribution in respect of that employee is to be paid. Provided further that, notwithstanding any other provisions of this award, this award shall not impose any obligation or liability on the employer to contribute to more than one approved scheme nominated by the eligible employee in accordance with this clause.

 

(b)        The contribution referred to in paragraph (a) of this subclause shall be as prescribed by paragraph (b) of subclause 13.2 of this clause.

 

13.6      Provided, however, that the employer shall not be required pursuant to this award to contribute in relation to any eligible employee in respect of any period for which the employee is absent from his/her or her work on leave without pay.

 

13.7      Provided further that no employer shall be required by this award to contribute in respect of any eligible employee an amount which is more than 3 per cent of the ordinary-time earnings of the eligible employee.

 

13.8      The employer shall make such contributions monthly for pay periods completed in such months or at such other times and in such other manner as may be agreed in writing by the trustees of the approved scheme and the employer from time to time.

 

13.9      Notwithstanding any other provisions of this award, this award shall not impose any obligation or liability on the employer to contribute to more than one approved scheme nominated collectively by the eligible employees in accordance with this clause.

 

13.10    It at any time, after the commencement of this clause the employer becomes bound by an award of any industrial tribunal or by a registered or unregistered industrial agreement or by legislation to contribute to another approved scheme or to any scheme or superannuation fund, not being an approved scheme, in respect of an eligible employee, then the employer's liability to make contributions to an approved scheme in respect of that eligible employee pursuant to the provisions of this award shall be reduced by the amount of the contribution the employer makes or is required by the award or registered or unregistered industrial agreement or by legislation to make to the other approved scheme or to another scheme or superannuation fund, not being an approved scheme, from the date the employer becomes bound to make payments to the other approved scheme or superannuation fund, not being an approved scheme.

 

13.11    An employer shall not be liable to contribute on behalf of any eligible employee who refuses to sign any application form as required by the trust deed of the fund. Such refusal shall be in writing, notwithstanding that the employee can at any time apply to have contributions commencing upon becoming a member of the fund. Provided further that where an eligible employee is a member of The Australasian Meat Industry Employees' Union, New South Wales Branch or The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch, such relevant union shall be notified of the employee's refusal.

 

13.12    Leave is reserved to any party bound by this award to apply in matter No. 25 of 1990 in respect of any unforeseen circumstances not contemplated by the parties at the time of the making of this variation.

 

13.13    Existing Arrangements - An employer shall be exempt from the superannuation provisions of this award if that employer has prior to 6 March 1990 established an approved fund or is paying on behalf of eligible employees contributions in accordance with the provisions of another award, legislation or industrial agreement providing superannuation benefits and that funds or payments cover employees covered by this award with contributions not less than 3 per cent of ordinary-time earnings. This exemption shall extend to all aspects of these superannuation arrangements including but not limited to fund choice, qualification, period, contributions, etc.

 

14.  Holidays

 

14.1      The days upon which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed and the picnic day of the union together with all proclaimed public holidays for the State shall be recognised as holidays. Provided that by agreement between the employer and employee(s) the above holidays may be substituted for another day off.

 

In the week in which a holiday falls a weekly employee and each regular pieceworker and each regular casual shall be paid without deduction; provided that payment need not be made for the holiday where the employee is absent without leave or without a satisfactory reason on the working day immediately preceding the holiday or the working day immediately following the holiday.

 

14.2      Where such holidays fall on consecutive days an employee who works on either the working day preceding or the working day succeeding such holiday, but not on both, shall be entitled to payment for the holiday closest to the said day on which he worked.

 

14.3      Each regular pieceworker or regular casual shall be paid for each of the foregoing holidays a sum equivalent to the casual rate prescribed for the classification in which he is employed on the working day preceding the holiday.

 

14.4      Work on Holidays - All time worked on a public holiday shall be paid for at the rate of double time and one-half.

 

15.  Annual Leave

 

See Annual Holidays Act 1944.

 

16.  Annual Leave Loading

 

16.1      This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973.

 

16.2      In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

16.3      Before an employee is given and takes his/her annual holiday or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay his/her employee a loading determined in accordance with this clause.

 

(NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 16.7.)

 

16.4      The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

16.5      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), and which commences on or after 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(NOTE: See subclause 16.7 as to holidays taken wholly or partly in advance after 31 December 1973.)

 

16.6      The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause 16.5 at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday together with, where applicable, the additional loadings for females and the additional sums prescribed by subclause 6.3 of clause 6, Wages, but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

 

16.7      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 16.6 of this clause applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises after that date.

 

16.8      Where, in accordance with the Act and after 31 December 1973 the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 16.6 of this clause.

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in relation to the amount payable to enable him/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

16.9

 

(a)        When the employment of an employee is terminated by his/her employer on or after 1 January 1974 for a cause other than misconduct and at the time of the termination the employee had not been given and had not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he/she shall be paid a loading calculated in accordance with subclause 16.6 for the period not taken.

 

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

 

16.10    This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the 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.

 

17.  Sick Pay

 

An employee who, after not less than three months' continuous service in his/her current employment with the employer, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (excluding illness or incapacity resulting from injury within the Workers' Compensation Act 1987, received in the said employment not due to his/her own serious and wilful misconduct), shall be entitled to be paid for such non-attendance the amount of his/her ordinary-time rate of pay, subject to the following:

17.1      He/she shall, within twenty-four hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the same.

 

17.2      For the purpose of ascertaining whether or not an employee is or has been ill and the particulars thereof (including, where applicable, the estimated duration of his/her absence) the employer, through any person appointed by the employer to interview employees for the purpose stated, which appointment shall be notified to the union, shall have the right to interview any employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical practitioner the right to interview an employee shall include the right to examine the employee.

 

17.3      He/she shall prove to the satisfaction of the employer (or in the event of a dispute the Industrial Relations Commission) that he/she is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.

 

17.4      In any period of employment, his/her entitlement to sick pay shall be in accordance with the following schedule:

 

In respect of

Duration

1st year of service

5 days

2nd year of service

6 days

3rd year of service and thereafter

8 days

 

Any period of paid sick leave allowed by the employer to the employee in any such year shall be deducted from the period of leave which may be allowed or carried forward under this award or in respect of such year.

 

17.5      The rights under this clause shall accumulate from year to year so long as his/her employment continues with the employer, whether under this or any other award, so that any part of the said leave which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

 

17.6      An employee, who unreasonably refuses the interview or unreasonably refuses or prevents the examination specified in subclause 17.2 of this clause, shall not be entitled to payment for the period during which he/she is absent from duty.

 

17.7      For the purpose of this clause continuous service shall be deemed not to have been broken by:

 

(a)        any absence from work on leave granted by the employer;

 

(b)        any absence from work by reason of personal illness, injury, or other reasonable cause (proof whereof shall in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

17.8      Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.

 

17.9      Service before the date of the commencement of this award shall be counted for the purpose of assessing the annual sick leave entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. Accumulated sick leave standing at the credit of the employee at the commencement of this award will not be increased or reduced by this clause.

 

17.10    This clause does not apply to casual employees except regular casuals.

 

 

 

 

18.  Personal/Carer's Leave

 

18.1      Use of Sick Leave:

 

18.1.1               An employee with responsibilities in relation to a class of person set out in subclause 18.1.3 (ii) who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after 30 November 1995 for absences to provide care and support for such persons when they are ill.

 

18.1.2               The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

18.1.3               The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care and support 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 and 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 stepchild, 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.

 

18.1.4               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 their 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.

 

18.2      Unpaid Leave for Family Purpose:

 

18.2.1               An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person, as set out in subclause 18.1.3(ii), who is ill.

 

18.3      Annual Leave:

 

18.3.1               To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed upon by the parties.

 

18.3.2               Access to annual leave, as prescribed in paragraph 18.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

18.3.3               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.

 

18.4      Time Off in Lieu of Payment for Overtime:

 

18.4.1               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 upon with the employer.

 

18.4.2               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.

 

18.4.3               An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime in the award for any overtime worked under subclause 18.4.1 of this subclause where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer an employee must elect, within six months of accrual, whether to take overtime worked under the said subclause 18.4.1 as an overtime payment or as time off work at the ordinary-time rate of pay.

 

18.5      Make-up Time:

 

18.5.1               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.

 

19. Long Service Leave

 

See Long Service Leave Act 1955.

 

20.  Bereavement Leave

 

20.1      An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause 20.3 of this clause.

 

20.2      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.

 

20.3      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 18.1.3 of subclause 18.1 of clause 18, 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.

 

20.4      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.

 

20.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 18.2, 18.3, 18.4 and 18.5 of the said clause 18. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

21.  Mixed Functions

 

21.1      An employee who is required to do work carrying a higher rate than his/her ordinary classification for two hours or more on any day or shift shall be paid at the higher rate for the whole of the day or shift.

 

21.2      Subject to subclause 21.1 of this clause, an employee who on any day or shift is required to do the work of a higher classification for at least one hour shall be paid the rate prescribed for such work whilst so engaged.

 

21.3      Should any employee engaged at a higher paid class of work be transferred temporarily to a lower paid class of work he/she shall continue to receive the higher rate during such transferred temporary employment.

 

22.  Payment of Wages

 

22.1      By agreement between the employer and the existing employees, wages shall be paid by either cash, cheque or Electronic Funds Transfer (EFT). Wages shall be paid on a fixed day each week and shall include all monies up to the finishing time two week days earlier.

 

22.2      The employer may vary the pay day around public holidays.

 

22.3      Provided that as from the effective date of this variation all new employees shall, at the discretion of the employer, be paid by EFT, cheque or cash.

 

23.  Piecework Rates

 

Except as to present practice that is at the date of commencement of this award it shall be an offence against this award for any of the work set out in any of the classifications in this award to be performed under any piecework or tally system unless such system is agreed to by the Union and the employer and, failing such agreement, the matter shall be processed through clause 29, Settlement of Disputes, and failing a resolution to the matter it shall be referred to the Industrial Relations Commission of New South Wales.

 

Note: The union shall not unreasonably withhold consent.

 

24.  Terms of Employment

 

24.1

 

(a)        A weekly employee shall be paid by the week and except in the case of misconduct justifying summary dismissal, the employment shall be terminated by one week's notice on either side given on any working day with the right to the payment of or forfeiture of one week's wages in lieu thereof, as the case may be.

 

(b)        A new employee will be on a trial period of 2 months and shall be terminated by two days notice by either side. Provided that if the appropriate notice is not given during this period the payment or forfeiture of two days wages, depending upon when termination is effected, will be applied. This subclause shall not apply to a casual employee.

 

24.2      Employees shall perform such work as the employer shall from time to time reasonably require.

 

24.3      Types of engagement: An employee may be engaged -

 

(a)        as a weekly employee; or

 

(b)        as a part-time worker;

 

(c)        as a casual hand, whether pieceworker or timeworker;

 

(d)        as a regular pieceworker or a regular casual timeworker;

 

(e)        as a shift worker.

 

Employees shall be informed by the employer when first engaged of the nature of his/her engagement.

 

24.4

 

(a)        A part-time employee means an employee who is a weekly employee engaged for a minimum of 18 hours per week on not less than 3 days per week. The hourly rate shall be the weekly rate divided by 40.

 

(b)        The rostered times of work cannot be altered by the employer unless 48 hours notice is given, or unless there is mutual consent by the employer and the employee(s) to such lesser period applying.

 

(c)        Notwithstanding anything else contained in this award, the provisions of this award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, maternity leave and holidays shall apply to part-time employees on a proportionate basis.

 

(d)        Notwithstanding the provisions of this clause, the union and an employer may agree in writing, to observe other conditions in order to meet special cases.

 

24.5      Casual Hands - Other than Regular Pieceworkers and Regular Casual Timeworkers: Casual employment, whether of pieceworkers or timeworkers, shall be by the day and the engagement shall terminate at the end of the day. A casual timeworker shall be paid at the rate of one-fifth of the appropriate weekly rate of pay plus 10 per cent per day or part thereof.

 

24.6      Regular Pieceworkers and Regular Casual Timeworkers: Regular, as applied to a pieceworker or a casual timeworker means that the employee, though not employed as a weekly hand, is required to attend for work each day unless notified that on any particular day he is not required to attend. Regular hands shall be engaged by the day and, subject to the provisions of this award as to payment for public holidays, sick leave, annual leave, their engagement shall terminate at the end of each day. Regular casual timeworkers shall be paid at the rate of one-fifth of the appropriate weekly rate of pay plus 10 per cent per day or part thereof.

 

24.7      In the case of weekly employees employment may be terminated by either the employer or the employee by a week's notice on either side or upon payment or forfeiture, as the case may be, of a week's wages.

 

24.8      This clause shall not affect the right of the employer to deduct payment for any day or portion thereof during which the 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, or to deduct payment for any day during which the employee cannot be usefully employed because of any strike, or through any breakdown of machinery, or due to any cause for which the employer cannot reasonably be held responsible: Provided that the latter portion of this subclause, "or due to any cause for which the employer cannot reasonably be held responsible", shall apply only to those employers who are members of The Employers' First, Australian Business Industrial, National Meat Association of Australia (New South Wales Division), industrial unions of employers, on the basis of the undertakings given by them as to its application in these proceedings.

 

24.9      This clause shall not affect the right of the employer to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty and misconduct and in such cases the wages shall be payable up to the time of dismissal only.

 

25.  General Conditions

 

25.1      See Factories, Shops and Industries Act 1962, re dressing and dining room accommodation.

 

25.2      Where the work of an employee necessarily requires the use of gloves (including the handling of spirits or hot tins) or that he/she should work under wet conditions or in all weathers, the employer shall provide for the use of every employee whose work shall so require, gloves, waterproof aprons, gum boots and oilskins. Any employee applying for new gloves, aprons, boots or oilskins who fails to return the corresponding articles last issued to him/her shall not be entitled to same without payment thereof at a reasonable price.

 

25.3      Where the employer does not supply knives, oilstones, pouches or steels employees whose work necessarily requires their use shall be paid an allowance of 5 cents per working day for boners. Other employees using a knife shall be paid 3 cents per working day.

 

25.4

 

(a)        Any employee, who by direction of the employer is required to wear a uniform (including head covering), shall be supplied with a minimum of two such clean uniforms for use weekly. Such articles shall remain the property of the employer and any employee applying for a new issue who fails to return the corresponding article last issued to him/her shall not be entitled to same without payment therefore at a reasonable price.

 

(b)        Upon the termination of employment any employee who fails to return the article last issued to him/her, shall have the value of the article which he fails to return deducted from any moneys which may be due to him/her.

 

26.  Right of Entry

 

See section 296 of Industrial Relations Act 1996.

 

27.  Leave Reserved

 

Leave is reserved to the Union to apply as it may be advised in respect of:

 

(i)         margins and extra rates after 3 April 1975;

 

(ii)        penalty rates for night shift.

 

 

28.  Enterprise Arrangements

 

28.1

 

(a)        As part of the Structural Efficiency exercise and as an ongoing process for improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces.  Union delegates at the place of work may be involved in such discussions.

 

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

 

(i)         a majority of employees affected genuinely agree;

 

(ii)        such arrangement is consistent with the current State Wage Case principles.

 

 

 

(c)

 

(i)         Before any arrangement requiring variation to the award is signed and processed in accordance with subclause 28.2, details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member. A union or employer association may, within 14 days thereof, notify the employer in writing of any objection to the proposed arrangement, including the reasons for such objection.

 

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

 

Procedures to be followed -

 

28.2      Such enterprise arrangements shall be processed as follows:

 

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

 

(b)

 

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

 

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

 

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

 

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

 

(d)        Where an arrangement is objected to in accordance with subclause 28.1(c)(i) and the objection is not resolved, an employer may make application to the Industrial Relations Commission to vary the award to give effect to the arrangement.

 

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

 

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

 

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

 

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

 

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

 

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

 

29.  Settlement of Disputes

 

It is the intention of the parties to this award to eliminate disputes which result in stoppages, bans or limitations and it is agreed that the parties to this award shall confer in good faith with a view to resolving any matter at issue by direct negotiation and consultation.

 

The parties further agree that, subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(i)         Any grievance, claim or dispute which arises shall, where possible, be settled by discussion on the job between the employee(s) and his/her/their immediate supervisor. Such discussion should take place as soon as possible.

 

(ii)        If the matter is not resolved at this level, the matter will be further discussed between the affected employee(s), the union delegate and the supervisor/manager of the relevant site, and the company's industrial relations representative shall be notified.

 

(iii)       If no agreement is reached, the union organiser and union delegate shall discuss the matter with the company's nominated industrial relations representative.

 

(iv)       Should the matter still not be resolved, it may be referred by the parties to an Industrial Tribunal for settlement.

 

(v)        Whilst the foregoing procedure is being followed, work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

(vi)       Any grievance or dispute which is raised by the union on behalf of members at a site, enterprise or industry level, shall be processed in accordance with subclauses (ii), (iii), (iv) and (v) of this clause.

 

30.  Redundancy

 

(A)       Application -

 

(i)         This clause shall apply in respect of full-time and part-time persons employed in the classifications specified by clause 6, Wages.

 

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

 

(iii)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable 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 effect" includes termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

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

 

(ii)        Employer's Duty to Discuss Change -

 

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

 

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

 

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

 

(C)       Redundancy -

 

(i)         Discussions before Terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, 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.

 

(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 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 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 the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(c)        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.

 

(ii)        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 (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 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.

 

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

 

(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 the Centrelink.

 

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

 

(E)        Severance Pay -

 

(i)         Where the employment of an employee is to be terminated pursuant to paragraph (i) of subclause (D) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee 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 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 6, Wages.

 

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

 

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

 

(iii)       Alternative Employment - Subject to an application by the employer and further order of the 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 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.

 

31.  Area, Incidence and Duration

 

This award shall apply to all employees engaged in the classes of work set out in Table 1 of Part B of this award, within the jurisdiction of the Meat Preservers, &c. (State) Industrial Committee.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Meat Preservers, &c. (State) Award, published 14 February 1992 (267 I.G. 1141), and all variations thereof.

 

The award published 14 February 1992 took effect from the beginning of the first pay period to commence on or after 30 November 1990.

 

The changes made to this award pursuant to the Award Review, pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on 20 June 2001.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

 


PART B

MONETARY RATES

 

Table 1 - Wage Rates

 

 

 

1992

 

 

 

 

 

 

 

 

 

Max

1stt

2nd

3rd

1997

1998

1999

2000

Classification

 

2.5%

$8.00

$8.00

$8.00

$10.00

$14.00

$12.00

$15.00

 

Rate

Effect.

Effect.

Effect.

Effect.

Effect

Effect.

Effect.

Effect.

 

 

20.06.01

20.6.01

20.06.01

20.06.01

20.06.01

20/09/01

20.09.01

20/12/01

 

$

$

$

$

$

$

$

$

$

Grade I - General Hand

 

 

 

 

 

 

 

 

 

Storeperson - An employee who

 

 

 

 

 

 

 

 

 

carries out all general labouring,

 

 

 

 

 

 

 

 

 

cleaning, receiving, packing or

 

 

 

 

 

 

 

 

 

despatching work within the

 

 

 

 

 

 

 

 

 

establishment. (Covers previous

 

 

 

 

 

 

 

 

 

classification Nos, 5, 7

 

 

 

 

 

 

 

 

 

and 24 to 31).

309.60

317.35

325.35

333.35

341.35

351.35

365.35

377.35

392.35

Grade II Processor -

 

 

 

 

 

 

 

 

 

An employee who is involved in

 

 

 

 

 

 

 

 

 

Meat Processing (manual and/or

 

 

 

 

 

 

 

 

 

mechanised) or inspecting

 

 

 

 

 

 

 

 

 

operations within the

 

 

 

 

 

 

 

 

 

establishment. For example, can

 

 

 

 

 

 

 

 

 

fill checker, TVP Operator,

 

 

 

 

 

 

 

 

 

Meat Inspection Operator,

 

 

 

 

 

 

 

 

 

Depalletiser/Palletiser Operator,

 

 

 

 

 

 

 

 

 

Unscramble Operator, Canning

 

 

 

 

 

 

 

 

 

Machine Operator, Labelling

 

 

 

 

 

 

 

 

 

Machine Operator, Hand Forklift

 

 

 

 

 

 

 

 

 

Operator, Bone Mincing

 

 

 

 

 

 

 

 

 

Machine Operator, Formed Meat

 

 

 

 

 

 

 

 

 

Mixer.  (Covers previous

 

 

 

 

 

 

 

 

 

classifications Nos 10 to 23)

323.70

331.80

339.80

347.80

355.80

365.80

379.80

391.80

406.80

 

 

Grade III -

 

 

 

 

 

 

 

 

 

Meat Cutter and Boner -

 

 

 

 

 

 

 

 

 

An employee involved in the

 

 

 

 

 

 

 

 

 

preserving, boning, cutting

 

 

 

 

 

 

 

 

 

and/or slicing of meat.  For

 

 

 

 

 

 

 

 

 

example Disintegrator Operator,

 

 

 

 

 

 

 

 

 

Closing Machine Operator, Retort

 

 

 

 

 

 

 

 

 

Operator, Pet Food Batch

 

 

 

 

 

 

 

 

 

Mixer, Boner Slicer.  (Covers

 

 

 

 

 

 

 

 

 

previous classifications Nos 1

 

 

 

 

 

 

 

 

 

to 4, 8 and 9)

341.70

350.25

358.25

366.25

374.25

384.25

398.25

410.25

425.25

 

 

 

 


Table 2 - Other Rates and Allowances

 

Item No.

Clause

Brief Description

Amount

 

 

 

$

1

5.4

Meal Allowance

6.00

2

6.3(a)

Band saw, handing out or

 

 

 

chilling room

0.07 per hour

3

6.3(b)

Dirty cans allowance

0.81 per day

 

 

 

B. W. O'NEILL, Commissioner.

 

 

_________________________________

 

 

MEAT PRESERVERS, &c. (STATE) INDUSTRIAL COMMITTEE

 

INDUSTRIES AND CALLINGS

 

Employees in meat, game and/or rabbit preserving works; and boners and slicers for export and/or for any other purpose in any establishment other than smallgoods factories, abattoirs, meat works and slaughterhouses, in the State, excluding the County of Yancowinna;

 

excepting -

 

Employees engaged in the manufacture of margarine;

 

Butchers (other than boners and slicers);

 

Carters, grooms, stablepersons, yardpersons, drivers of motor or other power-propelled vehicles, and extra hands; and

 

Engine drivers, firepersons, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines; and electrical crane, winch and motor drivers.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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