POULTRY INDUSTRY PREPARATION (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1958 and 1959 of 1999)
|
Before The Honourable
Justice Wright, PresidentThe Honourable Justice Walton, Vice-PresidentThe
Honourable Mr Deputy President HarrisonCommissioner Patterson
|
5 July 2001
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REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
26. Accredited
Employee Representative
8. Accrued
Leisure Time
14. Allowances
25. Amenities
16. Annual
Leave
17. Annual
Leave Loading
2. Anti-Discrimination
31. Area,
Incidence and Duration
1. Arrangement
20. Bereavement
Leave
5. Contract
of Employment
28. Disputes
Settlement Procedure
4. Definitions
7. Hours of
Work
23. Jury
Service
19. Long
Service Leave
10. Meals and
Rest Periods
12. Mixed
Functions
9. Overtime
22. Parental
Leave
24. Payment of
Wages
21. Personal/Carer’s
Leave
3. Pre-1990
Employees
15. Protective
Clothing and Equipment
29. Redundancy
and Change
11. Saturdays,
Sundays, Picnic Day and Public Holidays
18. Sick Leave
6. Skill
Levels
30. Superannuation
27. Training
13. Wages
PART B
MONETARY RATES
Table 1 - Wages
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 in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
2.2 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.
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:
2.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
2.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
2.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
2.4.4 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
the parties by the legislation referred to in this clause.
NOTES: Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
3. Pre-1990 Employees
3.1 Any person
employed as at 15/6/1990 will have their pay protected despite the making of
this award. In addition each employee will enjoy the benefit of the any
post-1990 increases.
3.2 Any person
employed as at 15/6/1990 will have the nature of their contract of employment
protected by this award e.g., casual, part‑time, full‑time.
3.3 Where a
differential in pay exists it will continue for any person employed prior to
15/6/1990, but not apply to any other new employee who moves into that section
after 15/6/1990.
4. Definitions
4.1 Weekly
employee means a person engaged by the week.
4.2 Part-time
employee means a weekly employee engaged for a minimum of 18 hours per week on
not less than 3 days per week. A part-time employee will receive all the
benefits of the award on a proportionate basis. The hours of work for part-time employees will be to a roster.
Any work which is outside the roster is overtime. The roster can be altered with more than 48 hours' notice to the
employee. There will be no more than one part-time employee for each full-time
employee engaged. Where production needs require a higher ratio, the parties
may agree on an appropriate ratio. The
ratio of part-time employees will not apply to Steggles Bartter, Beresfield,
for as long as the company operates an afternoon shift. In lieu of the ratio of
part-time employees, the ratio of two part-time employees for each full time
employee will apply.
4.3 Casual
employee means an employee who is engaged as such by the hour. The employee
will be informed of the minimum number of hours to be worked on any day. Such
minimum will be not less than 4 hours on any day. A casual employee will receive a loading of 21 per cent in lieu
of sick leave, public holidays, annual leave and compassionate leave.
4.4 Casual ratio -
There will be no more than one casual for every five full-time weekly
employees. The parties may agree in
writing to a ratio of casual employees to weekly employees of greater than 20
per cent.
4.5 Notional Day -
The notional day may be agreed upon in each Plant and posted accordingly.
4.6 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, viz.:
Receiving production instructions and allocating the work
flow to employees.
To control the standards of work, work output to
targets set by Supervisors and other Staff.
To determine shortages in labour, or material or Plant
failures, and to bring 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.
Leading Hands 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 the following factors:
(1) clerical
aptitude;
(2) how to
supervise assessment;
(3) work
performance ‑ experience;
(4) attendance;
(5) attention to
detail;
(6) general
attitude to company standards;
(7) training and
education;
(8) emotional
stability;
(9) maturity and leadership;
(10) 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 Hand for the purposes
of acting as a First‑aid Attendant.
4.7 Leading Hand -
Small Group:
A Leading Hand - Small Group means a Leading Hand in
subclause (v) with duties as defined supervising 20 employees or less and/or
qualified and experienced as a Senior Quality Assistant or Senior Processing
Materials Handler except where the employee is a Staff member.
A qualified First-aid Attendant may also be appointed
as a Leading Hand - Small Group.
4.8 Leading Hand -
Large Group:
A Leading Hand ‑ Large Group means a Leading Hand
with duties as defined in subclause 4.6 supervising in excess of 20 employees.
4.9 Service -
Service for all purposes of this award shall be time on the job or paid time on
leave. However, service shall not be
interpreted to be in conflict with any statute.
4.10 Employment -
Employment for all purposes of this award shall be elapsed time from the time
of engagement.
5. Contract of
Employment
5.1 Employment
will be by the week; except for casuals. Any employee not specifically employed
as a casual will be deemed to be employed by the week. Employment may be
terminated by a week's notice from the employer or employee at any time during
the week or by the payment/forfeiture of a week's wages.
5.2 Employees not
attending for duty lose pay for the actual time of such non‑attendance
unless on Sick Leave.
5.3 If by reason
of the failure or shortage of electric power an employer is unable to carry on
his/her business during all the working hours of the day, wages of employees
may be deducted for any part of a day in excess of 20 minutes when they cannot
be usefully employed. However, employees required to attend for work on any day
no work is provided, will be entitled to 2 hours' pay. Where employees commence
work, they will be entitled to 4 hours' employment or pay in lieu.
5.4 The employer may
dismiss any employee without notice for malingering, inefficiency, neglect of
duty or misconduct and the wages will be paid up to the time of dismissal only.
5.5 The employer
may deduct wages for any day or portion thereof during which an employee is stood
down due to result of refusal of duty, malingering, inefficiency, neglect of
duty or misconduct or may deduct wages for any day during which the employee
cannot be employed usefully because of any strike or through any breakdown of
machinery.
5.6 The employer
and employee representatives may agree to direct an employee to take
"disciplinary leave", in lieu of dismissal for an action other than
wilful misconduct. Such leave will be
without pay and will be for a period of not less than one working day and not
more than 20 working days. This direction may only be exercised once in every 6
months. Wilful misconduct includes any
theft, consumption or distribution of alcohol or drugs which are not
prescribed, and which are addictive and not legal for trade.
5.7 Counselling
procedure - In any case where the actions of an employee are unacceptable to
the employer, the employee will be counselled as a prerequisite to the
commencement of termination proceedings. Except that this clause will not apply
where the actions are so serious as to constitute grounds for summary
dismissal.
5.8 Unless
otherwise agreed the counselling procedure is:
5.8.1 The employee
will be verbally counselled in the presence of a Union representative or a
witness representing the interests of the employee. The employer will clearly identify the unacceptable actions and
advise on corrective measures and a review date.
5.8.2 Where the
initial counselling has failed to correct the unacceptable actions a further
review will occur and will incorporate a final written warning to the employee
identifying the unacceptable actions the corrective measures required, review
date and advising the subsequent steps, i.e., disciplinary leave or
termination.
5.8.3 If no change
occurs by the review date the employer may consider the option of disciplinary
leave or termination and the employee will show cause why this should not
occur. After reviewing all the facts
the employer may exercise the options available and direct the employee on
disciplinary leave or give notice of termination.
5.9 Abandonment of
Employment:
An employee absent from duty for more than 3 days
without notifying the employer, will be deemed to have abandoned employment on
the last day of duty. The employer will take any reasonable steps to be
informed of the employee's situation over the next 24 hours including, where
necessary, by registered mail the last notified address of the employee. However, if an employee is able to establish
to the satisfaction of the employer that a good and cogent reason existed for
this then the abandonment will not be final until the lapse of 14 days.
5.10 An employer may
direct an employee to carry out duties within the limits of an employee’s
skill, competence and training and the employee will follow such direction.
6. Skill Levels
6.1 Process
Employee Level 1 -
Points of Entry:
New employee with less than three months experience.
Skills/Duties:
Undertakes structured induction training (as defined).
Works under direct supervision, either individually or
in a team environment.
Exercise minimum discretion.
Understands and utilises basic mathematical process
control procedures.
Undertakes training for any task. This may involve
training in more than one specific area, depending on the employee's
application to that/these tasks.
Promotional Criteria - Employees remain at this level
for the first three months or until they are capable of effectively performing
the tasks required of this function so as to enable them to progress to a
higher level as a position becomes available.
6.2 Process
Employee Level 2 -
Points of Entry:
Level 1 - An existing employee performing work at this
level.
Proven or demonstrated industrial experience or
equivalent qualifications.
Demonstrated skills appropriate to the enterprise (as
defined).
Skills/Duties:
Responsible for the quality of his/her own work within
this level.
Undertakes duties in a safe and responsible manner.
Exercises minimal judgment.
Points of Entry -
Level 1 - Indicative of the tasks which an employee may
perform are the following:
(1) Launder of
protective clothing in the factory environs.
(2) Cleaning the
amenities, canteen and general processing areas.
(3) General
gardening and cleaning around work place areas.
Promotional Criteria - An employee remains at this
level until he or she has developed the skills to allow the employee to
effectively perform the tasks required of this function and are assessed to be
competent to perform effectively at a higher level so as to enable them to
progress to a higher level position as it becomes available.
6.3 Process
Employees Level 3 -
Points of Entry:
Level 2 or lower - An existing employee performing work
at this level.
An employee with other recognised industry experience
or equivalent qualifications (as defined).
An employee with recognised enterprise experience (as
defined).
Skills/Duties:
Responsible for the quality of his/her own work within
this level.
May be required to have higher knowledge of quality
control.
Works in a team environment.
Indicative of the tasks which an employee may perform
are the following:
(1) All work
associated with a chain or non-chain processing system from the truck loading
bay dock and all work up to and including the scalding section of the plant.
(2) Employees
whose principal duties include all work from the scalding section up to and
including the strapping section prior to entry into a permanent cold storage
area.
(3) Processing
material handling.
(4) Knife
sharpener whose duties do not include deboning poultry product.
(5) General work
associated with the preparation, packing and storage of cooked and uncooked
processed poultry products using steam and/or other means of heating.
(6) A specialist
cleaner using steam and chemicals to sanitise food processing equipment after
the processing is completed.
(7) All mincing,
filling, debone machine operation, flavour injector, and mixer.
(8) May be
required to obtain licence to operate forklift or to perform basic maintenance
procedures.
(9) Demonstrate
basic interpersonal skills.
Promotional Criteria - An employee remains at this
level until he or she has developed the skills to allow the employee to
effectively perform the tasks of this function and are assessed to be competent
to perform effectively at a higher level so as to enable them to progress to a
higher level position as it becomes available.
6.4 Process
Employee Level 4 -
Points of Entry - Level 3 or lower:
An existing employee performing work at this level.
An employee with other recognised industry experience
or equivalent qualifications (as defined).
An employee with recognised enterprise experience (as
defined).
Skills/Duties:
Indicative of the tasks which an employee may perform
are the following:
(1) All tasks
associated with storage and retrieval of finished poultry products to or from
freezing rooms and cool room, including employees who go into and out of
freezer chambers as a part of their load checking duties.
(2) Adult
employees, driving a semi-trailer of any capacity within plant environs,
loading and unloading the vehicle, monitoring livestock cooling devices and
completes records as required.
(3) May be
required to be licensed to operate forklift.
(4) Rendering or
digestion operators, etc.
Promotional Criteria - An employee remains at this
level until he or she has developed the skills to allow the employee to
effectively perform the tasks required of this function and are assessed to be
competent to perform effectively at a higher level so as to enable them to
progress to a higher position as it becomes available.
6.5 Process
Employees Level 5 -
Points of Entry:
Level 4 or lower.
An existing employee performing work at this level.
An employee with other recognised industry experience
or equivalent qualifications (as defined).
An employee with recognised enterprise experience (as
defined).
Skills/Duties - Indicative of the tasks an employee may
perform are the following:
(1) Deboning
poultry with a knife on a chain or bench, manual circular knife operation,
manual band saw operation.
(2) Product
recording, having attained the appropriate industry standard.
(3) Quality
assistant who has attained appropriate industry qualifications.
(4) Knife
sharpening where duties include deboning poultry with a knife.
Promotional Criteria - An employee remains at this
level until he or she has developed the skills to allow the employee to
effectively perform the tasks required of this function and are assessed to be
competent to perform effectively at a higher level so as to enable them to
progress to a higher level position as it becomes available.
6.6 Process
Employees Level 6 -
Points of Entry:
Process Employee Level 5; or
Proven and demonstrated skills (including, as
appropriate, Industry Certificates) to the level required of this grade.
Indicative Tasks - An employee at this level will:
(1) Be capable of
performing the duties at all levels.
(2) Have completed
an internal/external accredited "Train the Trainer" course.
(3) Undertake the
training of other process employees as directed.
7. Hours of Work
7.1 Thirty-eight
ordinary hours of service will constitute a week's work.
7.2 The ordinary
hours may be worked in any of the following ways:
7.2.1 Five equal days
per week.
7.2.2 Nine equal days
per fortnight.
7.2.3 Nineteen equal
days in twenty.
7.2.4 Four equal days
and one short day per week.
7.2.5 Four equal days
per week.
7.2.6 Three equal
days over 5 weeks and four equal days in the sixth week.
7.2.7 Three hundred
and 4 hours over any 56‑day period.
7.2.8 Any other
agreed method of implementation which may include an accrual system for a rostered
day off to a pattern determined by the employer with up to 5 days of accrual.
7.3 In each Plant,
an assessment will be made as to which pattern of hours best suits the business
and the proposal will be discussed with the employees concerned, the objective
being to reach agreement on the pattern of hours to be worked. In the absence
of agreement at Plant level, in respect to the pattern of hours worked, the
following procedure will be applied without delay:
7.3.1 Consultation
will take place within the particular establishment concerned.
7.3.2 If it is unable
to be resolved at the establishment level, the matter will be referred to the
Secretary of the Union (or Unions) concerned or their Deputy, at which level a
conference of the parties will be convened without delay.
7.3.3 In the absence
of agreement, the matter will be referred to the Industrial Relations
Commission of New South Wales for resolution.
7.3.4 Different
patterns of hours may apply to various groups or sections of employees in the
Plant or establishment concerned.
7.3.5 Any work done
prior to the spread of hours fixed in accordance with the following subclauses
for which overtime rates are payable may be deemed for the purposes of
subclauses 7.4 and 7.5 to be part of the ordinary hours of work.
7.4 Day Workers -
The ordinary hours of service, exclusive of meal breaks, will be worked in:
7.4.1 Five days of 7
hours and 36 minutes each, Monday to Saturday inclusive, between the hours of
5.00 a.m. and 5.00 p.m., or 8 hours per day where an accrued leisure system
operates (see subclauses 8.2 and 8.3 of clause 8, Accrued Leisure Time).
No employee employed under the terms of the award made
on 28 November 1989 will be required to work Saturday ordinary time except by
agreement voluntarily given without duress.
7.4.2 Four
consecutive days of 9 hours and 30 minutes each, Monday to Saturday inclusive,
between the hours of 5.00 a.m. and 7.30 p.m.; or four consecutive days of 8
hours and 27 minutes each, Monday to Saturday, and 5 days of 8 hours and 27
minutes each, Monday to Saturday, week and week about once each fortnight
between the hours of 5.00 a.m. and 7.30 p.m.; or
7.4.3 Three days of
12 hours over 5 weeks and 4 days of 12 hours in the sixth week each Monday to
Sunday inclusive between the hours of 5.00 a.m. and 8.00 p.m. The introduction
of a 12‑hour shift and associated conditions will not occur until agreed
or determined; or
7.4.4 Other starting
and finishing times using the same span of hours by agreement on a site by site
basis.
7.4.5 Daylight Saving
Hours - By agreement, in addition to the hours variation introduced by the
State Government for daylight saving, during daylight saving and by giving 28
days' written notice, the ordinary hours may all be brought forward a further 30
minutes.
7.4.6 Roster - A day
roster for weekly employees will specify a commencing/finishing time of
ordinary working hours of the respective sections of the Plant. An employer will not alter the roster of the
ordinary hours of work except by giving not less than 48 hours' notice. The notice will be given by posting the
alteration in an accessible place.
7.5 Shift Workers:
Afternoon Shift - Afternoon shift of eight hours or
less means any shift finishing after 5.00 p.m. and at or before midnight
(otherwise 8.00 p.m.).
Night Shift - Night shift means any shift finishing
subsequent to midnight and at or before 8.00 a.m.
Early Morning - Shift - Early morning shift means any
shift commencing after 3.00 a.m. and before 5.00 a.m. (4.30 a.m. daylight
saving) except as altered by agreement and in accordance with this Clause.
Notice - Seven days' notice in writing will be given by
the employer to the employee of an intention to work any shift work; however,
shifts may be varied by agreement between the employer and the accredited
employee representative or the employee and employer with less than 7 days'
notice.
Roster - Shift rosters for weekly employees will
specify commencing and finishing times of ordinary working hours of the
respective shifts.
7.6 Shift Loading:
The shift loading will be paid as an allowance on the
weekly rate for all work performed and for paid sick leave, paid public
holidays and union picnic day except where such holidays or picnic day falls
within a period of annual holiday:
Afternoon shift - 15 per cent.
Permanent night shift - 30 per cent.
Early morning shift starting at:
3.00 a.m. - 15 per cent.
4.00 a.m. - 10 per cent.
8. Accrued Leisure
Time
Subject to Subclause 7.2, an employer may implement a
leisure credit system as follows:
8.1 One day off
after 19 days - An employer may require his/her employees to work up to eight
ordinary hours per day with the additional time in excess of 7 hours 36 minutes
being aggregated for accrued leisure time which will fall due after 19 ordinary
weekdays, Monday to Saturday, including paid public holidays, paid sick days,
paid compassionate leave, and paid jury service, subject to the following
conditions and limitations:
8.1.1 When a day falls
due it will be given and taken within the next 28 calendar days.
8.1.2 The day off
will be on a fixed roster. The payment for the day off will be on the basis of
0.4 hours for each day worked. For payment purposes a day worked will include
sick leave and paid public holidays, but will not include a day on compensation
or unpaid sick leave or annual leave.
8.1.3 The employer
will prepare a roster of days to be taken off as leisure time which will always
remain as a notice of 28 days advice.
8.1.4 The planning
for days off as leisure time will where practicable be in the ratio of two
prime days for three other days for each individual.
8.1.5 The employer
may elect not to roster leisure time in any short week or to reduce the
incidence of leisure time, providing 28 days' notice is given.
8.1.6 An employer and
employee may agree to retain the leisure time credit on a sequence which would
coincide with a public holiday and a full discharge of credits. Payment for
that rostered leisure time would be made by an additional ordinary payment plus
the day's pay for the holiday.
8.1.7 If any employee
is not granted the leisure time within 28 calendar days from the day due, the
employee will be paid time and a half for the credit period as full discharge
of that credit. This clause will not be
read so as to imply that an employee may decide to appear for duty on a
rostered leisure day.
8.1.8 An
employee on planned leisure time off which coincides with a stand down or
strike day will be paid for the credit of leisure time which was rostered off.
8.1.9 In
the event of sickness occurring on prearranged leisure time, no sick leave
deductions will be made; however, the employee will retain the paid leisure
payment for that day.
8.1.10 Shift
workers will be paid at their normal rate of pay for that day, including shift
penalty for their rostered leisure time.
8.1.11 Special
allowances, such as Freezer Allowance which accrue on an hourly basis, will be
paid on rostered leisure time.
8.1.12 Allowances
paid on a daily basis, such as Laundry Allowances, Hanging Live Poultry will
not be paid on rostered leisure time.
8.1.13 All
accrued credits as a result of the 0.4 hours credit towards leisure time will
be paid out on the termination of each employee's employment.
8.1.14 In
the event that an employee, by virtue of the arrangement of his/her ordinary
working hours, is to take a day off on a day which coincides with pay day, such
employee will be paid not later than the working day immediately following pay
day. Provided that, where the employer is able to make suitable arrangements,
wages may be paid on the working day preceding pay day.
Notation: In these circumstances, it is understood that
it may not be convenient or suitable to pay wages on the working day preceding
pay day, especially where it would involve the employer in additional costs and
administration.
8.1.15 Overtime
will apply after 8 hours, when a credit system operates.
8.1.16 A
day off on sick leave is one‑fifth of a week and 7.6 hours off the credit.
8.1.17 Annual
leave will be 20 lots of 7.6 hours plus 20 per cent.
8.1.18 A
day off on a public holiday will be one‑fifth of a week or 7.6 hours.
8.2 Nine-day
fortnight - The same principles in subclause 8.1 will apply for a nine-day
fortnight except that overtime will commence after 8 hours and 27 minutes.
Paragraph 8.1.2 will be read as to mean 0.85 of an hour will accrue for each 8
hours 27 minutes of duty.
8.3 Other agreed
method - The employer and the Union may agree upon a different system which is
consistent with the principles of subclauses 8.1 and 8.2.
9. Overtime
9.1 All time
worked in excess of or outside the ordinary hours an employee is rostered will
be overtime. It will be paid for at the rate of time and one‑half for the
first two hours and double time thereafter.
9.2:
9.2.1 An employee who
has worked overtime for more than 1.5 hours after the employee’s normal ceasing
time and who has not been notified on the immediately preceding working day or
earlier that the employee will be required to work overtime on any day, will be
provided with a meal by the employer or in lieu thereof will be paid the sum
set in Item 9 of Table 2, Part B.
9.2.2 Where an
employee is required to work for more than 1.5 hours' overtime after ceasing
time, the employee will be allowed an unpaid meal break unless agreed otherwise
of not less than 20 minutes at the end of the employee’s normal ceasing time or
at a time mutually agreed upon between the employer and the employee. An
employee who has provided a meal after having been notified and who is not
required to work after the normal ceasing time will be paid the sum set in Item
9 of Table 2, Part B.
9.2.3 A meal need not
be provided under this subclause nor need payment be made in lieu thereof if the
employee be permitted to return home for the meal in question and can
reasonably do so.
9.2.4 Any payment for
a meal under this subclause will be in addition to any overtime payment under
this clause.
9.3 Where overtime
work commences on one calendar day or notional day and extends into the
following calendar day or day the whole period of work will be deemed to have
been worked on the former day for the purpose of calculation of overtime.
Notional day as defined includes overtime which precedes ordinary duty on any
day.
9.4 An employee
who has left the employer's premises and is recalled to work overtime, whether
notified before the employee has left the employer's premises or not, will be
paid a minimum of 4 hours at double time; provided that such employee presents
the employee for work as required.
9.5 Employees will
work reasonable overtime to meet the needs of the Industry and overtime will
not unreasonably be refused provided that each section can be staffed where the
full livestock has not been processed and packed off.
9.6 Each day will
stand alone in computation of overtime, excluding where an employee is recalled
to work (see 9.4).
9.7 All time
worked on any day before the ordinary hours or after the ordinary hours as
defined in Clause 7, Hours of Work, will be paid at overtime rates but may be
counted towards ordinary hours for the day by agreement.
9.8 An employee
will 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 he or she 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, he or she will be
paid at the rate of double time until released from duty to obtain eight
consecutive hours off duty.
10. Meals and Rest
Periods
10.1 Meals:
10.1.1 An
employee, except shift workers, will be granted an unpaid lunch break of not
more than 1 hour or less than 30 minutes, not more than 5 hours after normal
starting time.
10.1.2 All
shift workers working shifts will be allowed 20 minutes for a crib at times to
be agreed upon between the employer and the union, such time to be counted as
working time.
10.2 Rest Periods -
One rest period of 15 minutes will be allowed each forenoon and afternoon
worked (except for shift workers who will be allowed two rest periods of 15
minutes at such time as will be agreed between the employer and the employee)
and will be paid for as working time. The period of 15 minutes will be
calculated from the time of ceasing work until work is resumed.
10.3 In lieu of the
above arrangements, the employer and the Union may agree upon an alternative
arrangement.
11. Saturdays,
Sundays, Picnic Day and Public Holidays
11.1 Saturday - The
rate for ordinary duty on Saturday will be 50 per cent on the ordinary-time
rate of pay.
An employee required to work overtime on Saturday will
be paid the minimum of 4 hours at the appropriate overtime rate provided that
such employee presents for work at the required starting time.
11.2 Sunday - The
rate for ordinary duty on Sunday will be 75 per cent on the ordinary‑time
rate of pay.
The rate for overtime duty on a Sunday will be double
time with a minimum payment of 4 hours at such rate except for work which is
continuous with ordinary duty.
11.3 Public Holidays
- The following day or days on which they are observed as such will be holidays
for the purposes of this award. All employees, other than casual employees,
will be granted the following holidays without deduction of pay:
New Year's Day; Australia Day; Good Friday; Easter
Monday; Anzac Day, Queen's Birthday; Eight Hour Day; Christmas Day; Boxing Day;
the Picnic Day of the New South Wales Branch of the Union or the Picnic Day of
the Newcastle and Northern Branch of the Union; and any day proclaimed as a
holiday for the State.
11.3.1 All
time worked on any of these holidays will be paid for at the rate of double
time and one-half with a minimum payment of 4 hours at such rate.
11.3.2 Any
employee absent without leave on the working day immediately preceding or the
working day immediately succeeding an award holiday or holidays will be liable
to forfeit wages for the holiday as well as for the day of absence except where
an employer is satisfied that the employee's absence was due to illness or
other reasonable cause, in which case wages will not be forfeited.
11.3.3 If
the employee is rostered off duty on the day a public holiday falls due, the
rostered day off will be re-scheduled to another day. Provided that an employee through re-scheduling a rostered day
off receives no more or no less public holiday hours than a full‑time
weekly employee working a flat 38 hours per week.
12. Mixed Functions
12.1 An employee,
who is required to perform on any day work for which a higher rate of wage than
their ordinary classification is prescribed, will be paid as follows:
12.1.1 If
an employee is required to perform such work for four hours or more, the
employee will be paid for the day the higher (or highest, as the case may be)
rate of wage prescribed for the work performed.
12.1.2 If
an employee is required to perform such work for two hours or more but for less
than four hours, the employee will be paid for one half day the higher (or
highest, as the case may be) rate of wage prescribed for the work performed.
12.1.3 If
an employee is required to perform such work for less than two hours, the
employee will be paid the higher (or highest, as the case may be) rate of wage prescribed
for the time actually occupied on such work.
Provided that no additional payment under this
subclause need be made to an employee who is required to perform, on any day,
such higher paid work for not more than 30 minutes because of the failure of
another employee to be present at work.
12.2 An employee who
is required to perform, on any day, work for which a lower rate of wage than
that of their ordinary classification is prescribed, will suffer no reduction
in pay in consequence thereof.
12.3 Provided that
whilst an employee is being trained to perform duties at a higher level, this
clause will not apply.
13. Wages
13.1 The minimum
rates of pay for weekly employees are as set out in Table 1 of Part B for each
skill level.
13.2 The rates of
pay in this award, include the arbitrated safety net adjustment payable under
the State Wage Case 2000. These
adjustments may be offset against:
any equivalent overaward payments and/or
award increases since 29 May 1991 other than safety
net, State Wage Case, and minimum rates adjustments.
13.3 In 1990 the
Poultry Industry Preparation Wages (State) Award was made to establish
relativities based on the Metal Industry Tradesperson as follows: for Level 1,
82.6%; Level 2, 86.6%; Level 3, 88.6%; Level 4, 90.6%; Level 5, 92.6%; Level 6,
100%. The parties acknowledge the need for appropriate relativities to be
maintained in the industry award in the future.
13.4 Junior
Employees will be paid the following percentages of the classification for the
job they perform:
16 years - 60 per cent.
17 years - 65 per cent.
18 years - 70 per cent.
19 years - 80 per cent.
20 years - 90 per cent.
Except for a trainee or apprentice, a junior employee with
more than 2 years of continuous service as defined with the same employer will
be paid the appropriate adult rate of pay.
The proportion of the employees paid junior rates will
not exceed one to every three adult employees, excepting that where the proportion
is exceeded the junior employees with the most experience will progress to
adult rates of pay until the proportion is attained.
14. Allowances
14.1 Fork Lift - An
employee called upon to operate a fork lift and who for that purpose holds the
appropriate certificate of competency as set in Item 1 of Table 2, Part B.
14.2 Crane and Hoist
- An employee called upon to operate a crane or hoist and who for that purpose
holds the appropriate licence as set in Item 2, Table 2, Part B.
14.3 Hanging Live
Poultry Allowance - Employees engaged in hanging live poultry will be paid an
allowance at the rate as set in Item 3 of Table 2, Part B with a minimum
payment of 4 hours.
14.4 Laundry
Allowance - Employees required to launder the protective clothing worn during
the course of their work and who keep the clothing in a clean and hygienic
condition will be paid an allowance for each day worked as set in Item 4 of
Table 2, Part B.
14.5 Travelling
Allowance:
14.5.1 Where
an employee in the course of duty is required to go to any place away from the
usual place of employment the employee will be paid all reasonable expenses
actually incurred in excess of the normal work journey cost supported by
documentation unless it is not possible to obtain documentation.
14.5.2 Where
an employee in the course of duty is required to travel outside of working
hours, in addition to paragraph 15.6.1 of this subclause, the employee will 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.
14.5.3 Where
an employee is required to use a private motor car by the employer on a casual
or incidental basis, and the motor car is comprehensively insured and the
employee accepts all risks, the employee will be paid up to and including
2000cc an amount set in Item 5 of Table 2, Part B and over 2000cc an amount set
in Item 5 of Table 2, Part B, per km travelled for the employer during such
use. An employer may not demand that an employee use a private car for company
business.
14.5.4 Where
a full-time employee is required to provide a motor car the employer will pay
an amount set in Item 6 of Table 2, Part B per week (part‑time or casual
employee an amount set in Item 6 of Table 2, Part B) plus, in each case, an
amount set in Item 6 of Table 2, Part B per km travelled for the employer. In
addition the employer will reimburse the cost of tolls, parking meter and
parking station fees but will not reimburse the employee for any fine.
14.5.5 Where
an employer provides a vehicle the employer will pay the costs of maintenance,
-registration, insurance and running expenses and the employee will maintain
the car in a clean and hygienic condition consistent with the image of the
Industry, and will display such promotional material on or in the vehicle as
the company may require.
14.6 Meal Allowance
- See Clause 9, Overtime.
14.7 Temperature Allowance
- An hourly temperature allowance will be paid for each hour an employee is
working in an artificially reduced temperature measured in Celsius, as follows:
|
Below 4 degrees
|
as set out in Item 7 of
|
|
Below minus 16 degrees
|
Table 2, Part B.
|
|
Below minus 18 degrees
|
|
|
Below minus 20 degrees
|
|
If the temperature should go below minus 26 degrees
Celsius measured by placing a thermometer at a height of 1.2 metres in the centre
of the work area at least 1 hour after starting time, after 10 minutes work the
employee may refuse to work until the temperature rises to minus 26 degrees
Celsius
14.8 Location
Allowance - Employees engaged as a Live Bird Handler or By Product Handler will
be paid an allowance at the rate set out in Item 8 per hour whilst so employed,
with a minimum payment of four hours.
This allowance will apply to employees employed in the unloading dock
area or rendering plant area and will include the following job functions;
internal movement of live birds in the unloading dock area, handling of live
birds in the unloading dock area, cleaning of bird crates in the unloading dock
area, hangers of live poultry, and secondary or back-up kill.
15. Protective Clothing
and Equipment
15.1 All employees
who work under wet or greasy conditions will be supplied as required with
rubber boots and oilskins or plastic aprons free of cost.
15.2 The employer
will supply free of cost to each employee three sets of overalls or aprons and
head covering.
15.3 Employees
drawing viscera will be supplied with suitable and sufficient hand protectors
by the employer free of cost.
15.4 Such rubber
boots, aprons, hand protectors, gloves, overalls or wraparounds and warm and/or
protective clothing supplied by the employer, will remain the property of the
employer and will be returned to the employer on termination of employment and
if not returned, then the employer will be entitled to deduct from any moneys
due to the employee the replacement value of the article not returned.
15.5 The employer
will replace such articles replaced when they are no longer in a serviceable
condition and or are deemed to be unsafe, but no employee will be entitled to a
replacement unless the employee returns the corresponding article issued.
15.6 Wet conditions
means conditions under which clothing or boots of employees would, in the
absence of protective clothing, become wet with moisture in the course of their
work.
15.7 Suitable warm
clothing means protective clothing suitable for the purpose of keeping an
employee's whole person warm.
15.8 Where
protective clothing under this clause is supplied, it will be properly
sanitised (procedures are to be put in place) and/or commercially laundered, whether
used protective clothing or new protective clothing. No employee will be
required to use clothing previously used without the protection of such
sanitisation or laundering.
15.9 An employee
will accept responsibility for personal items in a locker.
15.10 An employee will
not consume food, drink or smoke in a locker room attached to a food production
area to comply with health regulations imposed upon the employer.
15.11 The employer
will supply for the use of employees, knives, steels, pouches and stone for
sharpening knives and any other tools used in the course of their employment.
15.12 The articles so
supplied will remain the property of the employer.
16. Annual Leave
See Annual Holidays
Act 1944.
17. Annual Leave
Loading
17.1 Annual leave
loading of 20% will be paid to employees whilst they are on annual leave.
17.2 Annual leave
loading will not be paid for any leave taken in advance.
17.3 Annual leave
loading will not be paid on weekend penalties or overtime.
17.4 The employer will
pay any employee with less than 12 months service pro-rata annual leave loading
if the employee takes leave due to an annual closedown.
17.5 When the
employment of an employee is terminated by the employer for any cause except
misconduct, annual leave loading will be paid on the whole of the annual
holiday to which he or she became entitled.
17.6 No annual leave
loading is payable if an employee resigns for any reason except permanent and
total incapacity.
17.7 Shiftworkers
are paid as if at work or 20% whichever is the greater.
18. Sick Leave
18.1 Employees with
three months continuous service will be entitled to Sick Leave.
18.2 Employees with
twelve months service will be entitled to ten days of Sick Leave per year.
Employees with less than twelve months service will be entitled to Sick Leave
of five days.
18.3 Employees with
a personal illness or personal incapacity who are unable to attend for duty
during ordinary working hours will be paid Sick Leave from this entitlement.
18.4 Employees who
are sick due to due to their own serious and wilful misconduct will not be paid
Sick Leave.
18.5 The entitlement
to Sick Leave accumulates from year to year, for a maximum period of ten years.
18.6 Any period of
paid sick leave will be deducted from the entitlement of sick leave.
18.7 If an employee
is on Workers Compensation (in accordance with the Workers Compensation Act 1987 and the Workplace Injury Management and Workers
Compensation Act 1998 the employer may pay the difference between the
amount the employee receives whilst on Workers Compensation and their ordinary
time rate of pay. If the difference is paid, it will be deducted from any Sick
Leave currently owing to the employee.
18.8 Employees must
notify the employer as soon as possible and within twenty‑four hours of
their absence due to illness, and as far as practicable state the nature of the
illness or incapacity and the date they expect to be able to return to work.
18.9 Employees claiming
Sick Leave will prove to the satisfaction of the employer the illness or
incapacity.
18.10 Continuous
service includes any absence from work on leave granted by the employer, any
absence from work by reason of personal illness, injury or other reasonable
cause. Any such time lost will not be
counted as part of the qualifying period of three months.
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 on each occasion of the death in Australia of a
person prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause
(iii) occurs outside Australia the employee shall be entitled to two days
bereavement leave where such employee travels outside Australia to attend the
funeral.
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 21.1.3 ii) c), 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
21.2, 21.3, 21.4 and 21.5 of the said Clause 21. 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. Personal/Carer's
Leave
21.1 Use of Sick
Leave:
21.1.1 An
employee, other than a casual with responsibilities in relation to a class of
person set out in subclause 21.1.3 (ii) who needs their care and support shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement provided for in clause 18, 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.
21.1.2 The
employee shall, if required, establish by production of a medical certificate
or statutory declaration, the illness of the person concerned.
21.1.3 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.
21.1.4 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.
21.2 Unpaid Leave
for Family Purpose:
21.2.1 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 21.1.3(ii), who is ill.
21.3 Annual Leave:
21.3.1 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.
21.3.2 Access
to annual leave, as prescribed in paragraph 21.3.1 of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
21.3.3 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.
21.4 Time Off in
Lieu of Payment for Overtime:
21.4.1 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.
21.4.2 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.
21.4.3 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 21.4.1 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
21.4.1 as an overtime payment or as time off work at the ordinary-time rate of
pay.
21.5 Make-up Time:
21.5.1 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.
22. Parental Leave
See the Industrial
Relations Act 1996.
23. Jury Service
An employee on weekly hiring required to attend for jury
service during ordinary working hours will be reimbursed by the employer an
amount equal to the difference between that paid for attendance for jury
service and the amount of wage for ordinary time foregone due to jury
service. An employee will notify the
employer as soon as possible of the date they are required to attend for jury
service. Further, the employee will give
the employer proof of attendance, the duration of such attendance and the
amount received for the jury service.
24. Payment of Wages
24.1 Wages will be
paid in the employer's time on a fixed day each week and will 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 will ensure that
an employee kept waiting for wages for more than 15 minutes after the normal
cessation of duty will be paid waiting time at single rates until such time as
wages are available.
24.2 The employer
may vary the pay day around public holidays and estimate the likely earnings.
Payment received by estimation will be on the basis
that an adjustment on the subsequent pay day or days to align actual earnings
to estimated earnings will occur.
24.3 The employer
may make payment by EFT, or cheque, or by cash providing that the employer
meets any charges associated with the lodgement of the payment to nominated
financial institutions. The nominated institution will be determined by the
employee concerned. Such institution
will be either a financial bank, building society or credit union.
25. Amenities
25.1 Each employer
will provide:
25.1.1 A
dressing room containing hot/cold showers.
25.1.2 Lockers
fitted with lock and key. An employee
who is issued with a locker key and/or lock will be responsible for the loss of
any key or lock (unless stolen). An
employee will accept responsibility for personal items in a locker.
25.1.3 An
employee will not consume food, drink or smoke in a locker room attached to a
food production area and will comply with health regulations imposed upon the
employer.
25.1.4 A
separate rest room shall be provided to male and female employees for their
use.
25.1.5 Clean
lunch rooms, well ventilated, boiling water, a heating appliance for meals.
25.1.6 Where
so requested by 10 or more employees who regularly use bicycles for transport
to and from their employment, a suitable structure for storing bicycles with
protection from the sun and rain.
25.2 The employer,
with the cooperation of the employees, will cause all amenities to be kept
clean and in a sanitary condition.
25.3 Amenities for
males and females will be separate.
25.4 Employers will
provide for the use of the employees in factories a sufficient supply of
wholesome cool drinking water from bubbler taps or other suitable drinking
fountains.
25.5 The employer
will permit a notice board or boards to be erected in a prominent position in
the Plant so that it will be reasonably accessible to all employees working
under this award.
26. Accredited
Employee Representative
26.1 An elected
Employee Representative will, upon notification to an employer in writing from
the Union Secretary, be recognised as the Accredited Representative of the
Union.
26.2 An Accredited
Employee Representative will be permitted to put on notice boards notices
signed or countersigned by the Representative posting it. Any notice not signed
may be removed by an Accredited Employee Representative or by the employer.
27. Training
27.1 Training - The
parties to this award recognise that in order to increase the efficiency,
productivity and competitiveness of the Industry, a commitment to training is
required. Accordingly, the parties
commit themselves to:
27.1.1 Maintain
and develop an appropriately skilled and flexible workforce.
27.1.2 Provide
the opportunity for career development consistent with the needs of the
individual company.
27.1.3 Removing
barriers to the utilisation of skills acquired.
27.2 An employer
will develop a training program consistent with:
27.2.1 The
current and future training needs of the enterprise.
27.2.2 The
size, structure and nature of the operations of the enterprise.
27.2.3 The
need to develop vocational skills relevant to the enterprise through internal
courses or courses conducted by accredited providers.
27.3 Adult Trainee
or Adult Apprenticeship - It is the intent of the parties to further develop the
training concepts embodied in adult apprenticeship or traineeship and insert
the developed program into the award.
27.4 Structured
Induction Training includes some or all of the following: basic hygiene,
occupational health and safety, literacy, numeracy, assisting with developing
interpersonal skills, production procedures and plant layout etc.
27.5 Specific
Training means skills based training to enable an employee to carry out duties
at a particular level.
27.6 Recognised
Industry Experience means the poultry processing industry and
demonstrated/certification or by satisfactory completion of competency
standards for the skills required at a particular level.
28. Disputes
Settlement Procedure
The parties agree that, subject to the provisions of the New
South Wales Industrial Relations Act
1996, all grievances, claims or disputes will be dealt with in the following
manner so as to ensure the orderly settlement of the matters in question:
28.1 Any grievance
or dispute which arises will, where possible, be settled by discussion on the
job between the employee(s) and the immediate supervisor.
28.2 If the matter
is not resolved at this level, it will be further discussed between the
affected employees(s) and the Union delegate or, where appropriate, another
nominated representative and the employer.
Both the employer's industrial representative and the employee's Union
representative may be notified.
28.3 If no agreement
is reached within a reasonable time period, the Union Secretary or the
employee’s representative or where appropriate a nominated representative will
discuss the matter with the employer's nominated industrial relations
representative.
28.4 Whilst the
foregoing procedure is being followed work will continue normally. No party will be prejudiced as to the final
settlement by the continuance of work in accordance with this subclause.
28.5 Should the
matter still not be resolved within a reasonable time period it may be referred
to the Industrial Relations Commission of New South Wales for settlement by
either party.
28.6 The parties
will, at all times, confer in good faith and without undue delay.
28.7 During the
discussions the status quo will remain and work will proceed normally in
accordance with this award and without stoppage or the imposition of any ban,
limitation or restriction. "Status quo" will mean the situation
existing immediately prior to the dispute or the matter giving rise to the
dispute.
29. Redundancy and
Change
29.1 Definition:
29.1.1 Redundancy
-
Redundancy is when an employer no longer desires to
have a job performed by anyone, such that an actual reduction in the number of
weekly employees employed in the general work area will occur as a result of
technological change or economic downturn. It will apply to weekly employees.
29.1.2 Where
an employer initiates a reduction in the number of weekly employees required,
even where that reduction may mean a transfer to casual employees, at the point
of the elimination of weekly employment, redundancy will apply.
29.2 Week's Pay:
A week's wage or pay will include the award rate and
overaward rate which is part of the all purpose 38-hour rate for the
classification.
It may not include the production allowance and will
not include loadings such as shift allowance, etc. Where other than a 38-hour
week is worked, a week's pay will bear a relationship to 38 hours as the hours
worked bear to 38.
29.3 Poultry Disease
and Related Factors:
Any factor associated with the egg cycle, hatching,
feeding or raising of live poultry including poultry disease or contamination
which reduces the availability of poultry product to the factory, or loss of
business from customer or customers as a result of strike activity by employees
of the particular company will not be regarded as a production change which
would attract redundancy payments.
Where any difficulty exists in establishing any reason
for change, the parties herein agree to refer the matter to the Industrial
Relations Commission of New South Wales for resolution.
29.4 Seniority:
29.4.1 Employees
made redundant will be retrenched in accordance with gate seniority providing
that the retained employees have the skill to undertake the appropriate tasks.
29.4.2 All
weekly employees will stand in front of casual employees.
29.4.3 Employees
on parental leave will have service counted from the time they last joined the
company in establishing the order of redundancy by seniority.
29.5 Consultation:
Where an employer has made a definite decision to introduce
major changes in production, program, organisation structure or technology that
are likely to have significant effects on employees, the employer will notify
the employees who may be affected.
The employer will provide to the employees concerned
all relevant information about the changes proposed, and the expected effects
of the changes on employees.
29.6 Shift Change -
Nothing in this award will be taken as inhibiting the employer's right to
change an employee from shift to shift even where such change may occur at a
time of redundancy.
29.7 Redundancy
Payments:
For under 12 months weekly service - Nil.
At 12 months weekly service - 4 weeks base pay.
At the completion of each 12 months weekly service - As
per attached schedule with an overall maximum of 26 weeks base pay.
29.8 Extension and
Application of Benefit:
There will be an equal treatment of all persons
regardless of age.
However, redundancy payment will not exceed the amount
an employee would have earned if the employment with the employer had proceeded
to the employee's ‑‑normal retirement date or until when the
employee becomes eligible for Social Security Aged Pension or equivalent,
whichever comes first. If the employee is already eligible for the Social
Security Aged Pension or equivalent no redundancy pay will be made.
29.9 Time Off to
Seek a Job - The employee on notice of retrenchment will be entitled to a
single day off in order to seek other employment, proof of which may be
required by the employer.
29.10 Notice of Redundancy
- Employees will be given 3 weeks' notice of redundancy or payment in lieu
thereof.
29.11 Superannuation -
Superannuation will be paid in accordance with the relevant trust deed.
29.12 Application of Redundancy
- Redundancy will not apply where employment is terminated as a consequence of
conduct that justifies instant dismissal, including malingering, inefficiency,
or neglect of duty. Redundancy will not
apply to casual employees, apprentices or trainees engaged for a specific
period of time, or for persons engaged to complete a specific task or tasks.
Redundancy will not apply where an employee, advised of a pending redundancy,
elects to terminate his or her services prior to the date nominated by the
employer.
This clause does not apply to employers who employ less
than 15 employees. Any other employers may seek to be exempted from this clause
by application made in accordance with the provisions of the Industrial Relations Act 1996.
Employees with less than 12 months continuous weekly
service at the time of retrenchment are not entitled to a severance payment.
29.13 Rehiring - An
employee made redundant will have the option of taking up the next available
position once the company's financial position improves to a point that
personnel are rehired. Any person so rehired may not be offered a position
until after the period, in weeks, for which the redundancy pay had covered
them, expired. This provision will only remain an option where rehiring takes
place within 6 months and 1 day after the last day of payment of redundancy
monies.
When an employee is made redundant the following
schedule of payments will apply except where less than the Scale of payments in
the Employment Protection Act 1983:
|
Service as defined
|
Weeks pay as
defined
|
|
1 year
|
4 weeks
|
|
2 years
|
6 weeks
|
|
3 years
|
7 weeks
|
|
4 years
|
8 weeks
|
|
5 years
|
10 weeks
|
|
6 years
|
12 weeks
|
|
7 years
|
14 weeks
|
|
8 years
|
16 weeks
|
|
9 years
|
18 weeks
|
|
10 years
|
20 weeks
|
|
11 years
|
22 weeks
|
|
12 years
|
24 weeks
|
|
13 years
|
26 weeks
|
30. Superannuation
30.1 Definitions -
In this clause the following definitions will apply:
30.1.1 "Approved
fund" will mean any superannuation fund which has been approved in
accordance with the Commonwealth Operational Standards for Occupational
Superannuation Funds.
30.1.2 "Eligible
employee" will mean an employee who is employed to work in an
establishment pursuant to the terms of this award and who has been so employed
for 200 hours of duty.
30.1.3 "Freedom
of choice" will mean an individual choice made in private and communicated
in writing of each employee as to which superannuation scheme the employee
wishes to join. The options will be either a fund of the Company’s choosing or
a fund of the Union’s choosing eg: the Meat Industry Employees Superannuation
Fund (MIESF).
30.1.4 "Ordinary-time
earnings" will mean: The weekly ordinary-time regular earnings in any week
including payments for a fixed shift. Ordinary-time earnings will also include
any "overaward payment".
30.1.5 "Overaward
payment' means the amount which an employee would receive in excess of the
award rate of pay for the classification in which such an employee is engaged.
Provided that such payment excludes payments related to overtime, meal money
allowance and any other ancillary payment of a like nature prescribed by the
award.
30.2 Contributions -
An employer will pay to the Trustee of an approved fund, in respect of each
eligible employee who has completed the relevant application form, an amount
prescribed by the Superannuation Guarantee Legislation or at least three per
cent of the employee's ordinary-time regular earnings in accordance with the
exercise of such employee's freedom of choice. Should the employee not make a
choice within 3 weeks of commencing work, the employer will pay superannuation
contributions to MIESF.
30.3 When the
employee becomes an eligible employee by having completed the required
qualifying period of employment, the employer will pay contributions for the
qualifying period.
30.4 An employer
will remit to the Trustee of an approved fund all payments due in respect of
eligible employees at the conclusion of each calendar month or at such other
times and in such other manner as may be agreed in writing between the employer
and the Trustee.
31. Area, Incidence
and Duration.
31.1 It will apply
to Poulterers and assistants in the State excluding the County of Yancowinna.
31.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Poultry
Industry Preparation (State) Award published 18 October 1991 (265 I.G. 559), as
varied and the Poultry Industry Preparation Wages (State) Award published 4
November 1994 (282 I.G. 648), as varied.
31.3 The award
published 18 October 1991, and took effect on 15 June 1990 and the award
published 4 November 1994 took effect on 2 September 1993.
31.4 The changes made
to the award pursuant to the Award Review 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 I.G. 307) take effect on and from 5 July 2001.
31.5 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wages
|
Skill Levels
|
Minimum Rate Per
Week
|
|
|
$
|
|
Leading Hand - Large Group
|
28.51
|
|
Leading Hand - Small Group
|
17.09
|
|
Level 1
|
419.60
|
|
Level 2
|
436.30
|
|
Level 3
|
444.90
|
|
Level 4
|
453.00
|
|
Level 5
|
461.30
|
|
Level 6
|
492.20
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
|
No.
|
No.
|
|
$
|
|
1
|
14.1
|
Operate fork lift
|
2.75/day
|
|
2
|
14.2
|
Operate crane and hoist
|
5.77/day
|
|
3
|
14.3
|
Hanging live poultry
|
0.30/hr
|
|
4
|
14.4
|
Laundry allowance
|
2.05/day
|
|
5
|
14.5.3
|
Up to and including 200cc
|
0.36
|
|
|
|
Over 200cc
|
0.42
|
|
6
|
14.5.4
|
Required to provide motor car
|
74.96/wk
|
|
|
|
Required to provide motor car if part-time or casual
|
14.74/day used
|
|
|
|
For each km travelled
|
0.25/km
|
|
7
|
14.7
|
Below 4 degrees
|
0.13/hr
|
|
|
|
Below minus 16 degrees
|
0.36/hr
|
|
|
|
Below minus 18 degrees
|
0.65/hr
|
|
|
|
Below minus 20 degrees
|
0.97/hr
|
|
8
|
14.8
|
Location Allowance
|
0.65/hr
|
|
9
|
9.2.1
|
Meal allowance
|
6.89
|
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.